5.04.150 - Suspension or revocation.

A City alcoholic beverage license shall be suspended or revoked as follows: A.

City alcoholic beverage licenses are subject to suspension under the following conditions:

1.

Upon the City receiving evidence of any act or failure to act by an Owner, Manager, or employee of a City alcoholic beverage licensee that would be a violation of state law or local ordinance regulating the conduct of the licensee except those specified in Subsection (B) of this Section which allow revocation;

2.

Nuisance Conduct, as described in the City Code or state law;

3.

Suspension of a state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit; or

4.

Any other reason for which a business license may be suspended under this Title.

B.

City alcoholic beverage licenses are subject to revocation under the following conditions:

1.

After determining that a licensee's application contains materially false information;

2.

Upon the City receiving evidence that a licensee no longer qualifies for the corresponding state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit, as set forth in state law, or applicable federal license or permit, as set forth in federal law;

3.

Upon the City receiving evidence that an Owner, Manager, or employee of a licensee has, while on the business premises:

a.

Solicited, aided, or exploited a prostitute;

b.

Purchased, sold, or attempted to sell a controlled substance as defined by state law; or

c.

Sold or provided alcohol to a minor or interdicted person;

4.

Upon the City receiving evidence that an Owner or Manager of a licensee has, while on the business premises possessed or consumed a controlled substance in violation of state law;

5.

For a second act or failure to act by an Owner, Manager, or employee of a licensee that would be a violation of state law or local ordinance regulating the conduct of the licensee, occurring within twenty-four (24) months of the first such act or failure to act; or

6.

Any other reason for which a business license may be revoked under this Title.

Suspension or revocation of a City alcoholic beverage license constitutes withdrawal of local consent for the corresponding state Department of Alcoholic Beverage Control license, sublicense, Package Agency, or permit under the terms (duration, etc.) of the applicable City alcoholic beverage license suspension or revocation. Suspension or revocation of a City alcoholic beverage license shall also result in automatic suspension of the alcoholic beverage components of any City business license associated with the premises. Furthermore, no Person who has been denied a City alcoholic beverage license or whose City alcoholic beverage license has been revoked, and no Person associated or connected with such a Person in conduct related to the premises for which the City alcoholic beverage license was denied or revoked, shall be granted a City alcoholic beverage license for the subject premises for a period of six (6) months after such denial or revocation.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)