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(a) No licensee, or employee or agent of a licensee, shall assault, menace, unlawfully imprison, or harass, or attempt to assault, menace, unlawfully imprison, or harass, any employee of the Department engaged in carrying out any duty for the Department.
(b) In addition to any of the powers that may be exercised by the commissioner pursuant to any other provision of law or rule, upon the issuance of a summons alleging a violation of subdivision (a) by a licensee, or employee or agent of a licensee, the commissioner may suspend any license held by the licensee, subject to a prompt post-suspension hearing held no more than 7 business days after the suspension.
(c) At the post-suspension hearing prescribed by subdivision (b) of this section, the Department may request continued suspension or revocation of any license held by the licensee.
(d) As used in this section, the following terms shall be defined as follows:
(1) “Assault” shall mean to intentionally or recklessly cause physical injury to another person.
(2) “Menace” shall mean to intentionally place another person in reasonable fear of physical injury.
(3) “Unlawfully imprison” shall mean to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his or her liberty by moving him or her from one place to another, or by confining him or her either in the place where the restriction commences or in a place to which he or she has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined “without consent” when such is accomplished by physical force, intimidation or deception.
(4) “Harass” shall mean to intentionally and repeatedly harass another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.
(Added City Record 2/15/2019, eff. 3/17/2019)