86.37(A) Suspension.
86.37(A)(1) Violation of regulations. In the event a licensed
is operating in violation of a
, fire, or zoning code, statute, ordinance, or regulation, whether federal, , or local, or the respective requirements of §§ 86.50 et seq., the shall notify the licensee of the violation. The licensee shall have ten business days in which to correct the violation. If the licensee fails to correct the violation within ten business days, the shall schedule a hearing before the . If the determines that a licensed
is in violation of a
, fire, or zoning statute, code, ordinance, or regulation, whether federal, , or local, or the respective general requirements of § 86.50, the shall suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the
violation in question has been corrected. Nothing in this Section shall take away other enforcement powers of the or any other agency provided by the
or statute.
86.37(A)(2) Illegal transfer. If a license is transferred contrary to § 86.36, the shall suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until all of the requirements of this Section have been satisfied and a new license has been issued by the .
86.37(A)(3)(a) In the event two or more convictions for violations of the rules and regulations within §§ 86.50 et seq. and §§ 86.60 et seq. or of any health code, statute, or regulation occur within a two-
period, the
shall, upon notification of the date of the second conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of 60 days.
86.37(A)(3)(b) In the event one or more convictions for violations of the rules and regulations of §§ 86.50 et seq. and §§ 86.60 et seq. or of any health code, statute, or regulation occur within a period of two Years from the date of the violation from which the conviction resulted for which the license was suspended for 60 days under subsection 86.37(A)(3)(a) above, the
shall, upon notification of the date of the first conviction, suspend the license again and notify the licensee of the suspension. The time during which the license was suspended for 60 days shall not be included within the two-
period. The suspension shall remain in effect for a period of 90 days.
86.37(A)(3)(c) In the event one or more convictions for violations of a rule or regulation of §§ 86.50 et seq. and §§ 86.60 et seq. or of any health code, statute, or regulation occur within a period of two Years from the date of the violation from which the conviction resulted for which the license was suspended for 90 days under (b), the
shall, upon notification of the date of the first conviction, suspend the license again and notify the licensee of the suspension. The time during which the license was suspended for 90 days shall not be included within the two-
period. The suspension shall remain in effect for a period of 180 days.
86.37(A)(3)(d) The renewal of, or new application for, a license pursuant to this subchapter shall not defeat the terms of this Section.
86.37(A)(4) Effect of suspension. If a license is suspended, all operations within the
shall cease for the period of the suspension, and the license shall be suspended for the suspension period. The Division of
and Tobacco shall be notified of the suspension, and no other shall be allowed to operate an
at that location for a period of six months.
86.37(A)(5) Effective date of suspension. All periods of suspension shall begin 15 days, including Saturdays, Sundays, and holidays, after the date the mails the notice of suspension to the licensee or on the date the licensee surrenders his or her license to the , whichever occurs first.
86.37(B) Revocation.
86.37(B)(1) False information. In the event it is learned or found, or upon sufficient cause that a license was granted based upon false information, misrepresentation of fact, or mistake of fact by the licensee or his or her agent, the shall notify the licensee in writing of the ’s intent to revoke the license. The licensee shall have ten days from the date of receipt of the notification to request a hearing. The hearing shall be scheduled before the . If the licensee does not request a hearing, the license shall be considered revoked ten days after the receipt of the notification. If the licensee does request a hearing, the license shall remain in effect during the pendency of the action before the .
86.37(B)(2) Convictions for violations of §§ 86.50 et seq. and §§ 86.60 et seq. In the event one or more convictions for violations of §§ 86.50 et seq. and §§ 86.60 et seq. or of any health code, statute, or regulation occur within a period of two Years from the date of the violation from which the conviction resulted for which the license was suspended for a period of 180 days pursuant to subsection 86.37(A)(4), the shall forthwith revoke the license and notify the licensee of the revocation. The time during which the license was suspended for 180 days shall not be included within the two- period.
86.37(B)(3) Effect of revocation. If a license is revoked, the licensee shall not be allowed to obtain another
license for a period of two
, and no license shall be issued during that time period to another for the location and upon which the
was situated.
86.37(B)(4) Effective date. The revocation shall take effect 15 days, including Saturdays, Sundays, and holidays, after the date the mails the notice of revocation to the licensee or on the date the licensee surrenders his or her license to the , whichever occurs first.
(Ord. 2010-15, passed 10-4-2010)