§ 4-101. Suspension or revocation.

(a)

A license issued under this division may be suspended or revoked by the General Government Administration Department head or his designee where the licensee furnishes fraudulent or untruthful information in the application for a license and for failure to pay all fees, taxes or other charges imposed under the provisions of this division.

(b)

Whenever the state shall revoke any permit or license to sell alcoholic beverages, the city's license shall thereupon be automatically revoked. The City Manager or his designee upon notice of this revocation from the General Government Administration Department shall take the necessary steps to see that signs are removed and that all alcoholic beverage sales cease.

(c)

The failure to produce accurate records as set forth in section 4-97(b)(1), (2), and (3) shall be grounds to suspend the city's issued license by administrative decision until said records in proper form are produced.

(d)

Should the records as set forth in section 4-97(b)(1), (2), and (3) fail to establish by the preponderance of the evidence that the establishment does not derive at least 50 percent of its total gross revenue from the sale of food for each quarter of each calendar year, then the city may revoke or suspend the license by administrative action.

(e)

The General Government Administration Department head or his designee may suspend or revoke the license of any establishment which does not meet the licensing qualifications set forth in this division at any time such knowledge becomes known to them.

(f)

An act or omission of a licensee, owner of more than 20 percent interest in the establishment, or employee of the licensee or licensed establishment willingly or knowingly performed, which constitutes a violation of federal and state law or of any provision of this article will subject the licensee to suspension or revocation of the license in accordance with the provisions of this division, when the General Government Administration Department head, or his designee, determines to his own satisfaction that the act or omission did occur, regardless of whether any criminal prosecution or conviction ensues. In the case of an employee, the General Government Administration Department head, or his designee, must determine that the acts of the employee were known to or under reasonable circumstances should have been known to the licensee or where the licensee has not established practices or procedures to prevent the violation from occurring.

(g)

Whenever it can be shown that a licensee under this division no longer maintains adequate financial responsibility upon which issuance of the license was conditioned or whenever the licensee has defaulted in any obligation, of any kind whatsoever, lawfully owing to the city, such license may be suspended or revoked.

(h)

Wherever this division permits the General Government Administration Department head, or his designee, to revoke or to suspend any license issued hereunder but does not mandate the period of such suspension, such discretion shall be exercised within the guidelines of this section.

(1)

No suspension shall be for a period of time longer than the time remaining on such license.

(2)

The following factors shall be considered on any revocation or suspension as set out in this section:

a.

Consistency of penalties mandated by this article and those set by the City Clerk;

b.

Likelihood of deterring future wrongdoing;

c.

Impact of the offense on the community;

d.

Any mitigating circumstances or remedial or corrective steps taken by licensee; and

e.

Any aggravating circumstances or failure by licensee to take remedial or corrective steps.

(Code 1979, § 9-4-24; Code 1998, § 6-105; Ord. No. 22-98, 12-7-1998; Ord. No. 17-2000, 12-4-2000; Ord. No. 07-2003, § 6-105, 7-7-2003)