§ 115.99  PENALTY.
   (A)   Procedures.
      (1)   Whenever the City Council finds that the licensee or its employees or agents have furnished any false information required under this chapter, or has violated or failed to comply with any of the requirements of this chapter or state law, the City Council may impose a civil penalty. See § 10.99.
      (2)   No civil penalty, suspension or revocation shall issue except upon notice delivered to the licensee by mailing notice via regular mail, addressed to the licensee at the licensed premises, a minimum of ten days prior to the date set for hearing. The notice shall inform the licensee of the time, date and place of hearing and shall set out briefly the reasons for the hearing.
      (3)   If, after the hearing, the City Council makes a finding based on substantial evidence that a violation of this chapter or state law did in fact take place as alleged, the City Council may impose an appropriate civil penalty and/or suspend or revoke the license. The determination of whether to impose a civil penalty and/or suspend or revoke the license shall be in the discretion of the City Council, and shall be dependent upon the circumstances surrounding the violation and its severity.
      (4)   Failure to pay a civil penalty imposed within 30 days of the resolution imposing the penalty, if not stayed by appeal, shall result in an automatic suspension of the after hours business license for 30 consecutive days. The City Clerk shall issue a suspension order and the 30-day suspension shall commence at 6:00 p.m. five business days following service of the order via ordinary mail to the last known address of the licensee or permittee.
   (B)   Enforcement alternatives.  Any person who fails to perform an act required by this chapter or state law, or who commits an act prohibited by this chapter or state law, may be subject to a municipal infraction, punishable as provided in Chapter 11 of this code or pursuant to state law, as an alternative to the penalty procedures of § 115.13.
(Ord. 2008-13, passed 7-29-2008)