(a) No person 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. No person shall intentionally damage any property of the Department. A licensee found in violation of this subdivision, or a licensee whose employees or agents are found in violation of this subdivision, is subject to suspension and/or revocation of its licenses as provided for in this section.
(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 immediately suspend any license held by the licensee, subject to a prompt post-suspension hearing to be held no more than 7 business days after the commencement of the suspension. In a summons alleging a violation of subdivision (a), the Department may request suspension or revocation of any license issued by the Department and held by the licensee, in addition to alleging any other violations.
(c) Post-suspension hearing and trial.
(1) At the post-suspension hearing prescribed by subdivision (b), continued suspension of a license must be ordered if the Department is found to have alleged facts which, if true, are sufficient to establish a violation of subdivision (a) of this section and the Department establishes by a preponderance of the evidence that continued licensure poses a risk to public safety or the Department's ability to perform enforcement. Suspension ordered pursuant to this subdivision must be continued until a final determination is issued pursuant to paragraph (2) of this subdivision.
(2) Following the post-suspension hearing prescribed by subdivision (b) of this section, a trial will be held to adjudicate all violations alleged in the summons as well as any continued suspension or revocation requested by the Department. At such trial, the Department must prove by a preponderance of the evidence that the licensee's continued licensure poses a risk to safety or the Department's ability to perform enforcement. Such trial must commence within 45 days of the decision rendered in the post-suspension hearing.
(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; amended City Record 4/7/2023, eff. 5/7/2023)