(A) Authority of City Council. The City Council may, by resolution, recommend to the state liquor control commission the nonrenewal or revocation of an existing license governed by this chapter upon its determination, based upon evidence presented at a public hearing, that the licensee has violated any standard or prohibition referred to in this chapter.
(B) Hearing notice; statement of findings.
(1) Before filing an objection to a renewal or a request for revocation of a license with the state liquor control commission, the City Council shall hold a public hearing.
(2) The City Clerk shall cause a notice of hearing to be sent to the licensee, by first class mail, mailed not less than ten days prior to the hearing, which notice shall contain the following:
(a) A description of the action to be considered by the city;
(b) The reasons for the proposed action;
(c) The date, time and place of the hearing; and
(d) A statement that the licensee may present evidence and testimony at the hearing and may be represented by an attorney.
(3) Following the hearing the City Council shall make a determination.
(C) Standards for recommendations. The City Council may recommend to the state liquor control commission that a license not be renewed or that a license be revoked upon its determination, based upon evidence presented at a public hearing, that any one or more of the following has been engaged in or has been permitted to occur on the licensed premises:
(1) A violation of any of the restrictions on licenses provided in this chapter;
(2) Maintenance of a public nuisance as regulated by city ordinance;
(3) The licensee has provided false, fraudulent or misleading information in an original license application or in an application for a license renewal;
(4) A violation of any provision of this code, or a violation of any statute or governmental code, regulation, standard or directive, or any violation of any order of any court, council or tribunal having jurisdiction of the premises of the licensee;
(5) Nonpayment or repeated delinquent payment of any local personal property or real property tax, special assessment, any civil or criminal fine, or any city administered utility bill or administrative service fee provided by or through the city;
(6) Failure by the licensee to obtain, or maintain as current, any license or permit required by the city or any unit of federal, state, or county government;
(7) Failure by the licensee to keep in good repair or maintain any portion of the licensed premises, including that portion of the premises used for the parking of motor vehicles, in full compliance with any law or standard promulgated by the city or any unit of federal, state or county government;
(8) Failure by the licensee, or any of the licensee’s agents or employees, to cooperate with any federal, state, county or city official acting in the lawful performance of his or her duty;
(9) Failure by the licensee, or the licensee’s agent or employee, to cooperate with any law enforcement officer in the lawful performance of his or her duty; and/or
(10) Breach by the licensee, its agents or officers of a contract to which the city is a party, or any partial breach of such a contract or similar obligation.
(Ord. 140908-1, passed 9-8-2014)