A. Revocation Or Suspension; Fine In Lieu: The local liquor control commissioner may revoke or suspend any license issued thereby if he determines that the licensee has violated any of the provisions of this chapter or any applicable rule or regulation established by the local liquor control commission or the state commission which is not inconsistent with law. In lieu of suspension or revocation, the local liquor control commissioner may instead levy a fine on the licensee for such violation. The fine imposed shall not exceed one thousand dollars ($1,000.00) for the first offense; one thousand five hundred dollars ($1,500.00) for the second offense; and two thousand five hundred dollars ($2,500.00) for the third and any subsequent offenses. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars ($15,000.00) in fines under this subsection may be imposed against any licensee during the period of the license. Proceeds from such fines shall be paid into the municipal general treasury.
B. Hearing:
1. No license shall be so revoked or suspended and no licensee shall be fined except after a public hearing by the local liquor control commissioner with a three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public, and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days, giving the licensee an opportunity to be heard during that period; except, that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.
2. The local liquor control commissioner shall, within five (5) days after such hearing, if he determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such an order within the five (5) days upon the licensee.
C. Appeal: The licensee shall thereafter have the privilege of appeal to the state liquor control commission as provided by law. (2016 Code)