[Ord. No. 2017-03 § 1, 3-6-2017]
Upon reasonable belief that a violation(s) of this Article has
occurred, the Mayor shall notify the licensee(s) of the alleged violation(s)
by hand delivery or certified mailing, and shall in conjunction with
the City Attorney schedule a hearing within seventy-two (72) hours
after said notification. After the hearing thereon, if the Mayor determines,
upon a preponderance of the evidence, that a violation has occurred,
the Mayor may take the appropriate action as hereinafter set forth.
[Ord. No. 2017-03 § 1, 3-6-2017]
A.
The Mayor may suspend a dry nightclub license for a period of time
not exceeding thirty (30) days if the Mayor determines that a licensee
or an employee of a licensee has committed any one (1) or more of
the following acts:
1.
Violated any provisions of the dry nightclub regulations;
2.
Refused to allow an inspection of the dry nightclub premises
so authorized in this Division;
3.
Knowingly permit an intoxicated person to remain on the premises;
4.
Knowingly permit gambling by any person on the dry nightclub
premises;
5.
Knowingly permit the possession, consumption, or sale of an
alcoholic beverage on the premises of a dry nightclub.
B.
If mitigating circumstances so warrant, in lieu of a suspension,
the Mayor may issue a reprimand.
[Ord. No. 2017-03 § 1, 3-6-2017]
A.
The Mayor may revoke a license if a cause of suspension under Section 610.320 occurs and the license has been previously suspended within the preceding twelve (12) months.
B.
The Mayor shall revoke a license if the Mayor determines that one
(1) or more of the following is true:
1.
A licensee has given false or misleading information in the
material submitted to the City Collector during the application process.
2.
A licensee or an employee has knowingly allowed possession,
use, or sale of controlled substances or any derivative thereof on
the premises.
3.
A licensee or an employee knowingly permitted dancing or a live
performance during a period of time when the dry nightclub license
was suspended.
C.
The fact that a conviction is being appealed shall have no effect
on the revocation of the license.
D.
When the Mayor revokes a license, the revocation will continue for one (1) year, and the licensee may not be issued any dry nightclub license for one (1) year from the date revocation became final. If, subsequent to revocation, the Mayor finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became final. If the license was revoked under Subsection (B)(4) hereof, an applicant may not be granted another license until the appropriate number of years required under Section 610.190 has elapsed.
[Ord. No. 2017-03 § 1, 3-6-2017]
A.
If the City Collector denies the issuance or renewal of a license,
or the Mayor suspends or revokes a license, the Mayor shall send to
the applicant or licensee, by certified mail, return receipt requested,
written notice of the action and the right to an appeal. The aggrieved
party (applicant or licensee only) may appeal the decision of the
City Collector or Mayor to the City Council in accordance with the
following procedures. The filing of an appeal stays the action of
the Mayor in suspending or revoking a license until the City Council
makes a final decision.
1.
The aggrieved party may, not later than ten (10) calendar days
after receiving notice of the denial, suspension, or revocation, file
with the City Clerk a written request for an appeals hearing before
the City Council.
2.
If a written request is filed under Subsection (A) hereof with the City Clerk within the ten-day limit, the City Council shall consider the request. The City Clerk shall set a date for the hearing within thirty (30) days from the date the written request is received.
3.
The City Council shall hear and consider evidence offered by
any interested person to determine whether the City Manager properly
denied issuance or renewal, or properly suspended or revoked the license
in accordance with the provisions of this Article. The formal rules
of evidence do not apply.
4.
The City Council shall grant or deny the appeal by majority
vote. Failure to reach a majority vote will result in denial of the
appeal. Any dispute of fact must be decided on the basis of a preponderance
of the evidence. The decision of the City Council is final.
5.
If the City Council denies the appeal, the aggrieved party may
not reapply until at least twelve (12) months have elapsed since the
date of the Council's action.
[Ord. No. 2017-03 § 1, 3-6-2017]
A.
A person who operates or causes to be operated a dry nightclub without
a valid license or in violation of any provision of this Article shall
be subject to the following penalties and/or remedies:
1.
Each violation of the provisions of this Article shall constitute
an ordinance violation and upon conviction shall be punishable by
a fine not to exceed five hundred dollars ($500.00) or imprisonment
for a term not to exceed ninety (90) days, or both such fine and imprisonment.
2.
Each day that any violation continues after receipt of a written
notice of such violation shall constitute a separate violation and
a separate offense for purposes of the penalties and remedies specified
herein.
3.
In addition to the penalties and remedies above, the City may
institute any appropriate action or proceedings to prevent, restrain,
correct or abate a violation of this Chapter, as provided by law.
