§ 2.1.809 — SUMMARY SUSPENSION

2.1.809: SUMMARY SUSPENSION:

A. Policy: The City Council hereby finds that it is in the interest of the City to take action against those licensees who violate any Federal, State or local offenses pertaining to weapons, firearms, controlled substances, unlawful sexual behavior, or offenses relating to morals, while exercising the privileges of the license or while on the licensed premises. This type of conduct, which rises to the level of an immediate threat to the health, safety or welfare of the public, constitutes an emergency and it is appropriate for the Deputy Licensing Officer to summarily suspend the licensee's license. B. Effect: Upon a finding that the licensee has violated the policy established in subsection A of this section, the Deputy Licensing Officer shall issue a notice of summary suspension and shall schedule a de novo hearing before the Licensing Officer or hearing officer to determine whether to suspend or revoke the license. The summary suspension hearing shall not be held more than thirty (30) days after the issuance of the notice. If the licensee waives this time limit in writing, the hearing shall be held no more than sixty (60) days after issuance of the notice. At the summary suspension hearing, the burden shall be upon the licensee to show cause why the notice of summary suspension should not be made a final order of suspension or revocation. The Licensing Officer's or hearing officer's decision to suspend or revoke the license shall be final, in accord with section 2.1.807 of this part. C. Notice Of Summary Suspension: 1. Contents: The notice of summary suspension shall be in writing and shall state the grounds for its issuance, cite this section as authority for issuing the notice, order the licensee to cease operations immediately and set a date for a summary suspension hearing before the Licensing Officer or hearing officer. 2. Service: The Deputy Licensing Officer shall serve a written notice of summary suspension upon the licensee by posting the notice on the premises, by personally serving the notice upon any principal, managing agent or the agent for process of the licensee, by mailing the notice via first class, U.S. mail, postage prepaid, or e-mail to the last mailing or e-mail address furnished to the City Clerk's Office by the licensee for the business, or by a combination of these methods. (Ord. 97-160; Ord. 01-42; Ord. 14-72)