(A) The Liquor Control Commissioner shall have the right to proceed by complaint and notice of hearing to require any manager managing a business in a licensed premise under this subchapter to appear at a time and place specified in said notice to show cause why the manager should not be suspended or disqualified to act as manager for violations of the provisions of this subchapter, rules or regulations adopted pursuant thereto or other applicable law.
(B) All such original proceedings shall be instituted by complaint in writing, shall state the particular provision, rule or regulation alleged to be violated and a general statement of the facts upon which such allegation is based and shall be signed by the Liquor Control Commissioner.
(C) The manager against whom complaint has been filed shall be entitled to be served with a copy of the complaint and shall be given notice of the time and place set for the hearing of said complaint.
(D) Said complaint and notice of hearing shall be served on the manager named therein, not less than three days prior to the date specified in said notice of hearing unless a different time limit is required under existing law, and if such is so required, notice shall be served in compliance with said time period. The manager shall be given the opportunity to appear and defend.
(E) Said manager named in said complaint and notice of hearing shall appear at the time and place designated in said notice of hearing and at such hearing shall have all protections and rights allowed under law from time to time; provided, however, the failure of the manager to appear and/or defend shall not impair the power of the Local Liquor Commissioner to either suspend or disqualify said manager, or place conditions on the continued functioning of said manager if not disqualified.
(F) The Local Liquor Control Commissioner shall within five days after such hearing, if he or she determines after such hearing that the manager should be disqualified, suspended or conditions placed on his or her continued operation as manager, state the reason or reasons for such determination in a written order of disqualification, suspension and/or conditions, and shall serve a copy of the order within said five days upon the manager. The decision of the Local Liquor Control Commissioner shall be final.
(G) The notice of hearing required hereunder shall be served on the manager either personally or by registered or certified mail, return receipt requested. If served by certified or registered mail, the manager shall be conclusively deemed to be served three calendar days after such notice was deposited in the United States mail.
(H) Different or additional procedures from those provided by this subchapter may be established from time to time governing complaints and hearings provided for herein upon being instituted by the Liquor Control Commissioner and approved by the Mayor and City Council.
(I) At such hearings regarding suspension or revocation, a verbatim record of the proceedings shall be made by a certified court reporter or certified shorthand reporter.
(Ord. 2014-03-0488O, passed 3-25-2014)