(A) Any order or action of the Commissioner levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license, or refusing for more than 30 days to grant a hearing upon a complaint to revoke or suspend a license may, within 20 days after notice of such order or action, be appealed by any resident of the city or any person interested, including the licensee, to the State Commission, for a decision sustaining reversing or modifying the order of the Commissioner.
(B) In any case where the licensee appeals to the State Commission from an order or action of the Commissioner having the effect of suspending or revoking a license, denying a renewal application, or refusing to grant a license, the licensee shall resume the operation of the licensed business pending the decisions of the State Commission and the expiration of the time allowed for an application for rehearing. If an application for rehearing is filed, the licensee shall continue the operation of the licensed business until the denial of the application or, if the rehearing is granted, until the decision on rehearing. In any case in which a licensee appeals to the State Commission a suspension or revocation by a Commissioner that is the second or subsequent such suspension or revocation placed on that licensee within the preceding 12 month period, the licensee shall consider the suspension or revocation to be in effect until a reversal of the Commissioner's action has been issued by the State Commission, and shall cease all activity otherwise authorized by the license.
(C) In the event of an appeal from an order or action of the Commissioner to the State Commission, the appeal shall be limited to a review of the official record of the proceedings of the Commissioner, and the only evidence which may be considered in the review, shall be the evidence found in the certified official record of the proceedings of the Commissioner. No new or additional evidence shall be admitted or considered.
(D) The final revocation of a local liquor license under this subchapter shall automatically result in the revocation of the licensee's state license.
(Ord. 02-44, passed 11-26-02)