(a) 
A BYOB permit may be suspended if the director finds that the BYOB permit was issued in error or on the basis of incorrect information supplied; that the permit holder has violated any provision of this chapter or any other state or local law; or that the building, structure or use of the BYOB venue is in violation of any provision of this chapter or any other state or local law.
(b) 
If the director suspends a BYOB permit, they shall provide the BYOB permit holder with written notice of the BYOB permit suspension that includes:
(1) 
The reason(s) the BYOB permit is being suspended;
(2) 
The time period of the suspension;
(3) 
Any items that require compliance or correction in order to have the suspension lifted and the BYOB permit reinstated; and
(4) 
A statement that a failure to comply with the items in the notice within the designated time period may result in a revocation of the BYOB permit.
(c) 
Suspension of a BYOB permit is effective on delivery of notice in accordance with this chapter.
(d) 
Upon delivery of notice of the suspension, the BYOB permit holder shall immediately cease allowing BYOB at the BYOB venue and surrender the BYOB permit to the director.
(e) 
At the end of the period of suspension, in the absence of further violations or noncompliance, a surrendered BYOB permit shall be returned to the BYOB permit holder and shall be valid under this chapter.
(f) 
The period of suspension does not extend the expiration date of the BYOB permit. If a period of suspension extends beyond the normal expiration date of the BYOB permit, the BYOB permit holder shall apply for renewal pursuant to this chapter.
(g) 
If an appeal is not timely filed pursuant to section 18A-22 of this chapter, the director's decision to suspend is final, and the suspension continues in effect.
(h) 
The director may reinstate a BYOB permit if the reason for suspension no longer exists.
(Ordinance 2023-10759, § 2, adopted 6/8/2023)
(a) 
The director may revoke a BYOB permit issued under this chapter if the director determines that:
(1) 
The permit holder has engaged in serious or repeated violations of this chapter or any other state or local law.
(2) 
The permit holder no longer qualifies for a BYOB permit under this chapter and does not have the ability to qualify within a reasonable time period not to exceed ninety (90) days.
(3) 
The BYOB permit was issued in error, or the basis of false information provided on or with the application, renewal application, or supplemental information submitted as part of the application or renewal process or as required by this chapter.
(4) 
The building, structure or use of the BYOB venue is in violation of this or any provision of this chapter or any other state or local law, which has not been cured after suspension of the BYOB permit.
(b) 
The director shall provide the BYOB permit holder with written notice of the BYOB permit revocation that includes the reason(s) that the BYOB permit is being revoked.
(c) 
Revocation of a BYOB permit is effective on delivery of notice in accordance with this chapter.
(d) 
Upon delivery of notice of the revocation, the BYOB permit holder shall immediately cease allowing BYOB at the BYOB venue and surrender the BYOB permit to the director.
(e) 
If an appeal is not timely filed pursuant to section 18A-22 of this chapter, the director's decision to revoke is final.
(f) 
A revocation of a BYOB permit is not stayed pending the outcome of an appeal.
(Ordinance 2023-10759, § 2, adopted 6/8/2023)
(a) 
If the director denies the issuance or renewal of a BYOB permit, or suspends or revokes a BYOB permit issued under this chapter, the action is final unless the permit holder files a written appeal, and pays the associated appeal fee as established in the inspections department fee schedule, to the construction board of appeals within ten (10) days of delivery of the director's decision in writing. For purposes of an appeal under this chapter, the board shall sit as a permit, license and appeal board. If a written request for a hearing is filed timely, the board shall hear the appeal within thirty (30) days after the date the appeal is filed.
(b) 
The board shall hear and consider evidence offered by any interested person; the formal rules of evidence do not apply. The board's decision must be by a majority vote. Failure to reach a majority vote will leave the decision of the director unchanged. The decision of the board is final, and no rehearing may be granted.
(c) 
The notice of appeal shall set forth the following:
(1) 
The name and contact information of the person filing the appeal on behalf of the BYOB venue; and
(2) 
The name and address of the BYOB venue; and
(3) 
A brief statement setting forth the material facts that are the basis for the appeal; and
(4) 
A verification signed by the permit holder, under penalty of perjury, as to the truth of the matters stated in the appeal.
(Ordinance 2023-10759, § 2, adopted 6/8/2023)
(a) 
In deciding an appeal under this chapter, the board is limited to the issue of whether the decision to deny, suspend, or revoke the BYOB permit by the director was made in accordance with this chapter or in error.
(b) 
The board shall affirm the decision of the director if the board finds that the director's decision to deny, suspend or revoke the BYOB permit was made in accordance with the provisions of this chapter.
(c) 
The board may reverse the director's decision only if the board finds that sufficient evidence was presented in the hearing to prove that the director erred in denying, suspending or revoking the BYOB permit because the decision was not in compliance with the provisions of this chapter.
(d) 
The permit holder bringing the appeal carries the burden of proof to show that the director erred to overturn a decision by the director to deny, suspend or revoke a BYOB permit.
(e) 
No later than fourteen (14) days after the appeal hearing, the board shall give written notice to the city manager, the city attorney, and the BYOB permit holder of the board's determination.
(Ordinance 2023-10759, § 2, adopted 6/8/2023)