§ 6-41. Violations and revocations.

(a)

Punishment for violations. It is declared that a violation of any provision of this chapter shall constitute a violation of the City Code and, upon conviction in municipal court, the punishment shall be as follows:

(1)

In addition to any specific fine or other punishment set forth in individual sections of this chapter, the person convicted, shall be subject to the provisions of section 1-12.

(2)

In addition to any specific fine or other punishment ordered by the municipal court judge, conviction of a violation of any provision of this chapter may subject the licensee to suspension or revocation of the alcohol license. The decision as to the suspension or revocation of the license shall be made in writing by the municipal court judge after a hearing pursuant to section 23 of the City Charter.

(b)

Periodic inspection. Sworn officers of the police department or code enforcement officers of the city shall have the authority to inspect establishments licensed under this chapter during the hours in which the premises are open for business. The inspections shall be made for the purpose of verifying compliance with the requirements of this chapter.

(c)

Automatic revocation. Whenever the state shall revoke any permit or license to sell alcoholic beverages, the city license to deal in such products, issued pursuant to this chapter, shall thereupon be automatically revoked without any action by the city being necessary.

(d)

Investigations. The mayor and city council shall have the right to make such inquiry or investigation as it may find to be reasonably necessary to determine compliance with this chapter. Such investigation may consist, among other actions, of calling licensees for examination under oath, obtaining evidence under oath from other persons; the procurement of documents and records including records of the licensee, and inspection and examination of records and documents from whatever source obtainable.

(e)

Grounds for suspension or revocation of license.

(1)

The following shall be considered just cause for the suspension or revocation of a license issued under this chapter:

a.

The performance of any act prohibited by this chapter or the failure to perform any act required by this chapter as well as the violation of any law, state or federal, relating to the business of the licensee, including failure to pay the required alcohol excise tax to the city. If such act, omission or violation is done by an agent, servant, employee, or officer of the licensee, the lack of knowledge on the part of the licensee or the lack of authorization for such act or omission or violation shall be no defense.

b.

The entry of a plea of guilty or nolo contendere, or the conviction of any licensee, partner, or any officer, director or stockholder of a licensee corporation with respect to a charge of violation of any of the laws of the United States or of the state relating to alcohol control, narcotics or gambling.

c.

Any course of conduct or activity on the premises with respect to the operation of a business licensed hereunder which the city shall find to be contrary to the public interest, and of sufficient duration to constitute a nuisance or which shall render the licensee or the business location unfit for the continued operation of the business.

(2)

In addition to the matters enumerated in subsection (a) of this section, the following shall be considered just cause for suspension or revocation of a license for retail consumption on the premises: The occurrence on two or more occasions within any 12-month period of fights, disorderly conduct, drunkenness, breach of the peace, and other similar conduct whether the same be committed by the licensee or by customers or others.

(f)

No new license to be issued after revocation. When a license has been revoked under the provisions of this article, no application for a new alcoholic beverage license for the same location will be received for a period of 24 months and no application for a new license from the licensee involved shall be received for a period of 24 months.

(g)

Refunds. If a license issued under this chapter is suspended or revoked, the licensee shall not be entitled to a refund of any portion of the application, license or other fees previously remitted.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )