Upon receipt of written documentation from the Police Chief, Fire Marshal, Building Code Inspector or other governmental source that a violation(s) of this chapter has occurred, the City Manager shall notify the licensee(s) of the alleged violation(s) by hand delivery or certified mailing, and shall refer the suspected violation(s) to the Mayor and City Council for hearing. The City Council shall hold a hearing on the violation not less than seven days but no more than 30 days after the date of the notice to the licensee. After the hearing thereon, if the City Council determines, upon a preponderance of the evidence, that a violation has occurred, the City Council may take the appropriate action as hereinafter set forth.
A. 
The City Council may suspend or refuse to renew a dry nightclub license for a period of time not exceeding 30 days if the City Council determines that a licensee or an employee of a licensee has committed any one or more of the following acts:
(1) 
Violated any provisions of the dry nightclub regulations in this chapter;
(2) 
Refused to allow an inspection of the dry nightclub premises so authorized in this chapter;
(3) 
Knowingly permitted an intoxicated person to remain on the premises;
(4) 
Knowingly permitted gambling by any person on the dry nightclub premises; or
(5) 
Knowingly permitted the possession, consumption, or sale of illegal drugs or any alcoholic beverage on the premises of a dry nightclub.
B. 
If mitigating circumstances so warrant, in lieu of a suspension, the City Council may issue a reprimand or levy a fine not to exceed $500 per violation.
A. 
The City Council shall revoke a license if a cause of suspension under § 121-17 occurs and the license has been previously suspended within the preceding 12 months.
B. 
The City Council shall revoke a license if the City Council determines that one or more of the following is true:
(1) 
A licensee has given false or misleading information in connection with an initial application or renewal application;
(2) 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled dangerous substances or any derivative thereof on the premises;
(3) 
A licensee or an employee knowingly permitted dancing, a disc jockey or a live performance during a period of time when the dry nightclub license was suspended; or
(4) 
A licensee has been:
(a) 
Convicted of an offense listed in § 121-4 for which the time period required in § 121-4 has not elapsed; or
(b) 
Convicted of or is under indictment for any felony offense while holding a dry nightclub license.
(5) 
While an employee of the dry nightclub, and while on the licensed premises, a person has committed an offense listed in § 121-4, for which a conviction has been obtained, two or more times within a twelve-month period.
C. 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
D. 
When the City Council revokes a license, the revocation will continue for one year, and the licensee may not be issued any dry nightclub license for one year from the date revocation became final. After one year, the former licensee may begin the application process for a new dry nightclub license. If, subsequent to revocation, the City Council finds that the basis for the revocation action has been corrected or abated, the applicant may be granted a license if at least 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 § 121-4 has elapsed.
A person who operates or causes to be operated a dry nightclub without a valid license or in violation of any provision of this chapter shall be subject to the following penalties and/or remedies:
A. 
Violations of this chapter are misdemeanors and, upon conviction thereupon, are subject to a fine of not more than $500 or imprisonment of not more than 30 days, or both.
B. 
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.
C. 
In addition to the penalties and remedies above, the City may institute any appropriate civil or criminal action or proceedings to prevent, restrain, correct or abate a violation of this chapter, as provided by law.