Any license granted under this chapter is subject to suspension as follows:
A. The sheriff or his or her designee, upon consultation had with the district attorney, shall have authority to temporarily suspend any license granted under this chapter where he or she has reasonable cause to believe that an immediate threat exists to the public health, welfare, or the safety of the inhabitants of the county subject to the following conditions:
1. Any suspension imposed under this subsection must not exceed twenty four (24) hours in duration.
2. Upon correction of the condition or conditions giving rise to a suspension under this subsection, by the licensee, to the satisfaction of the sheriff or his or her designee, the sheriff or undersheriff shall reinstate the license prior to the expiration of the twenty four (24) hour period.
3. In the absence of correction, by a licensee, of any condition or conditions causing a temporary suspension, an additional twenty four (24) hour period of suspension may be imposed by the sheriff or designee.
4. Any combination of suspensions imposed under this subsection may not exceed a total of forty eight (48) consecutive hours.
B. Upon the filing with the county liquor board of a verified complaint charging the licensee with the commission of an act which is cause for suspension or revocation of a license, the liquor board shall issue a citation directing the licensee, within ten (10) days after service thereof upon him, to appear by filing his verified answer showing cause, if any he has, why his license should not be suspended or revoked. Service of such citation may be made by personal service or by registered mail. The district attorney of the county is authorized to issue the citation upon behalf of the board.
C. Failure of the licensee to answer within the time specified shall be deemed an admission by him of the commission of the act or acts charged in the complaint. Upon the filing of an answer, the district attorney of the county shall fix a time and place for a hearing and give the licensee and the complainant not less than five (5) days’ notice thereof. Such notice may be served by depositing a copy of the notice in the U.S. mail and addressed to the licensee and to the complainant, respectively, at their last known address.
D. Upon the hearing, the county liquor board shall hear all relevant and competent evidence offered by the complainant and by the licensee and upon conclusion of the hearing shall render its decision within ten (10) days and give notice of the decision to the parties within ten (10) days after the decision has been rendered.
E. In the event there is a revocation or suspension of such license, no refund of license fees shall be made nor shall the proceedings hereunder in any way affect a criminal prosecution. (Ord. 338, 2020)