(A) Criteria for revocation or denial or renewal of alcoholic liquor establishment licenses. The City Council may recommend revocation or denial of renewal of a license or related permit to the State Liquor Control Commission upon a determination by it that based upon a preponderance of the evidence presented at a public hearing conducted in accordance with the procedure set forth in division (B) below, if any of the following exists:
(1) A licensee has engaged in any of the prohibited activities specified in § 111.30;
(2) Maintenance of a nuisance upon or in connection with the licensed premises, including, but not limited to, any if the following:
(a) Existing violations of the building, electrical, mechanical, plumbing, zoning, health, fire, or other applicable regulatory provisions;
(b) A pattern of patron conduct in the neighborhood of the licensed premises which is in violation of the law and/or disturbs the peace, order, and tranquility of the neighborhood;
(c) Failure to maintain the grounds and exterior of the licensed premises, including litter, debris, or refuse blowing or being deposited upon adjoining properties; and/or
(d) Entertainment on the licensed premises without a permit and/or entertainment which disturbs the peace, order, and tranquility in the neighborhood of the licensed premises.
(3) Failure by the licensee to permit the inspection of the licensed premises by the city’s agents or employees in connection with the enforcement of this chapter; and
(4) Violation of city ordinances and rules, State Liquor Control Commission rules and regulations, or state law.
(B) Procedure for recommendation of denial of renewal and revocation of licenses and related permits.
(1) If the Chief of Police determines that any licensee has committed a violation of this chapter, the Chief of Police shall prepare a report in writing specifying the specific factual details of such violations; the particular chapter sections violated; and any other information or recommendation relevant to a proper determination by the City Council as to the nature of such violations and the appropriate action to be taken by Council.
(2) The Chief of Police shall file the original report prepared under division (B)(1) above with the City Council, and serve a copy of such report upon the licensee or its authorized agent or employee personally or by registered mail.
(3) Within 20 days from the date such report has been filed with the City Council, the City Clerk shall set a date for a hearing before Council on the alleged violations and for a determination by Council as to whether or not Council shall request and recommend to the State Liquor Control Commission that the Commission revoke or deny the renewal of any license or permit held in conjunction with such license. Notice of this hearing shall be served by the City Clerk upon the licensee or its authorized agent or employee personally or by registered mail not less than seven days before the scheduled hearing date, and such notice shall advise the licensee of its right to be represented by legal counsel at the hearing before City Council.
(4) At all such hearings, the licensee shall have the legal right to defend against the allegations made by way of confronting any adverse witnesses by being allowed to present live witnesses in its own behalf, by being allowed to present other evidence in its own behalf, and by being allowed to present arguments, personally or through legal counsel, in its own behalf.
(5) The City Council shall prepare a written statement of its findings, which may be formal or informal in nature, within a reasonable time, not to exceed 60 days, after the conclusion of all such hearings. Such statement of findings may be embodied in a resolution as described in division (B)(6) below, if Council determines that objection to renewal or request for revocation of a license or related permit is appropriate.
(6) If the City Council determines after due notice and proper hearing upon a preponderance of the evidence presented that a violation of this chapter has been committed by a licensee, or that, even if no violation has been demonstrated, nevertheless the interests of public health, safety, or welfare warrant that Council object to renewal or request revocation of any existing license or related permit issued to such licensee, the Council may adopt a resolution recommending to the State Liquor Control Commission that it deny renewal or revoke any such license or related permit to such licensee.
(7) Within ten days of the Council’s final approval of any such resolution, the City Clerk shall forward a copy thereof to the State Liquor Control Commission, as Council’s official notice of objection to renewal or request for revocation of any existing license or related permit.
(8) An applicant aggrieved by the decision of the City Council may appeal the decision to a court of competent jurisdiction as provided by state statutes and court rules after notification of the decision of the City Council by a notice from the City Clerk.
(Prior Code, § 111.13) (Ord. D-1739, passed 4-3-1995, effective 5-1-1995; Ord. D-1780, passed 11-4-1996, effective 11-14-1996)