A. How Initiated: Upon receipt of a complaint regarding an alcohol establishment, the business license supervisor will review the complaint with the city attorney to determine whether sufficient grounds and evidence exist to initiate a license enforcement action. The business license supervisor or city attorney may request city staff to investigate further or obtain additional evidence before making a determination.
B. Notice Upon Determination To Initiate A License Enforcement Action: If a determination is made that sufficient grounds exist to proceed, the business licensing supervisor will schedule a hearing before the alcohol enforcement hearing board. Thirty (30) days' written notice must be provided to the applicant or licensee. Notice may be served personally or by registered letter, return receipt requested, at the licensed premises. Receipt by any adult employee of the business constitutes adequate service. The notice must include a description of the alleged conduct underlying the complaint; a description of the potential penalties; the date, time and place the hearing will be conducted; and a statement that the licensee has the right to appear, be represented by an attorney, call witnesses and present evidence.
C. Hearings:
1. Hearings will be conducted before the alcohol enforcement hearing board. An audio recording must be made.
2. The applicant or licensee may be represented by an attorney, call witnesses, present evidence, and obtain administrative subpoenas from the city recorder as provided in title 2, chapter 2.59 of this code.
3. Strict adherence to the Utah rules of evidence is not required. The board may consider any relevant, nonprivileged oral or documentary evidence presented.
4. After hearing the evidence presented, the board will make a factual determination, based on a preponderance of the evidence, whether the alleged grounds for enforcement have been proven. A finding by at least two (2) board members is sufficient to sustain a determination. The board may request that counsel for either party draft the findings of fact.
5. If the board determines that there is not sufficient evidence to prove the alleged grounds for enforcement, then the matter will be dismissed.
6. If the board determines that sufficient evidence exists to prove the grounds for enforcement, then it must determine the appropriate penalty based on the penalty matrix in section 5.51.080 of this chapter. The board must issue a written order, which may be drafted by counsel for either party, referencing its finding of facts, and stating the penalty imposed. (Ord. 64-12, 2012)