§ 6-35. Suspension and revocation—For due cause.

(a)

Grounds. The mayor and council may suspend, revoke or deny renewal of any malt beverage and wine license for due cause. For purposes of this section, due cause is defined as follows:

(1)

The conviction of or a plea of nolo contendere by the licensee or any employee or agent of the licensee to a violation of any federal, state, county or municipal law or ordinance relating to the sale of alcoholic beverages, which violation occurred on the licensed premises.

(2)

The conviction of or a plea of nolo contendere by any person having an ownership interest in the business located on the licensed premises to any felony, any violation of controlled substances laws, any violation of law regulating the sale of alcoholic beverages, or any violation of law prohibiting operation of a motor vehicle while under the influence of alcohol or drugs in any state of the United States subsequent to the date of issuance of the license.

(3)

The revocation for cause by any city, county or state of the United States subsequent to the date of the issuance of the license with respect to an entity that a person having an ownership interest in the business located on the licensed premises as defined herein held an ownership interest in any such entity equaling or exceeding 25 percent.

(4)

The failure to provide any change in information set forth in the licensee's original or renewal application for a malt beverage and wine license within 30 days after the date of such change.

(b)

Hearing.

(1)

Probable cause suspension by mayor. The mayor may, upon probable cause that there is due cause to suspend or revoke a malt beverage and wine license, immediately suspend any license issued under this chapter after an informal hearing with the licensee or the holder of the license on behalf of the licensee. Such hearing shall be held at city hall between 8:30 a.m. and 9:00 p.m. on any day, Sunday through Saturday, upon two hours' notice, verbal or written, by the city council or its designated agent, to the licensee or the person holding the license on behalf of the licensee. If the licensee or the person holding the license on behalf of the licensee fails to appear at the hearing, or if neither can be notified after reasonable effort, the mayor may, in his discretion, suspend any such license without hearing.

(2)

Hearing before council. A hearing before the full mayor and council shall then be held after written notice to such licensee, or the person holding such license on behalf of the licensee, not sooner than two days nor later than ten days subsequent to the date of suspension. Such licensee shall be given at least two days' written notice of the hearing. All decisions of the mayor and council regarding the suspension or revocation of licenses issued under this chapter shall be in writing and the reasons therefor stated, and shall be mailed or delivered to the licensee.

(c)

Notice requirements where no probable cause suspension. In all other cases where there is no probable cause suspension by the city council, a licensee against whom suspension or revocation proceedings are being commenced shall be given at least five days' notice of a hearing before the mayor and council, which notice shall be in writing, and shall be mailed or delivered to such licensee or the person holding such license on behalf of the licensee. All decisions of the mayor and council regarding the suspension or revocation of licenses issued hereunder shall be in writing and the reasons therefore stated, and shall be mailed or delivered to the licensee.

(Ord. No. 411, 10-2-02)