§ 114.99 PENALTY.
   (A)   Any person, firm, or corporation violating any provision of §§ 114.02 and/or 114.03 for the first time within a 12-month period shall be subject to the punishment set forth in the state statutes.
   (B)   Any person, firm, or corporation violating any provision of §§ 114.02 and/or 114.03 for the second time within a 12-month period shall be subject to the punishment set forth in the state statutes for a Class B misdemeanor.
   (C)   Any person, firm, or corporation violating any provision of §§ 114.02 and/or 114.03 for three or more times within a 12-month period shall be subject to the punishment set forth in the state statutes for a Class A misdemeanor.
   (D)   If a violation of §§ 114.02 and/or 114.03 occurs, the Alcoholic Beverage Control Administrator shall forthwith conduct a hearing pursuant to the state statutes to determine whether the licensee or retail licensee at whose business establishment the activities prohibited by §§ 114.01 through 114.03 occurred shall have his or her license suspended or revoked. If three or more violations of §§ 114.02 and/or 114.03 occur at a business establishment within a 12-month period, the Alcoholic Beverage Control Administrator, after a hearing, shall revoke the retail drink liquor license, retail cereal or malt beverage license, or both.
   (E)   If a violation of §§ 114.02 and/or 114.03 occurs, the Alcoholic Beverage Control Administrator shall prefer charges against the licensee or retail licensee pursuant to this code. After proper notice, a hearing shall be held by the City Council, and the occupational license of the licensee or retail licensee shall either be revoked or suspended.
(1993 Code, § 61.99)