§ 6-70. Suspension or revocation of license.

(a)

A license may be suspended or revoked by the county administrator for any violation of this chapter; for any violation of state laws and regulations relating to alcoholic beverages; for any material misrepresentation or omission in the application for the license; or if the licensee or the licensed business ceases to meet the eligibility requirements for licensure.

(b)

Whenever the state revokes any permit or license to sell alcoholic beverages, the county license/s shall thereupon be automatically revoked by operation of law. The county marshal, upon notice of such revocation, shall take the necessary steps to see that signs are removed. The county marshal is also authorized to take appropriate measures to bring about the cessation of alcohol sales at the premises of the licensee.

(c)

When suspension of a license is permitted under this chapter, but no specific period of suspension is mandated, the following guidelines shall apply:

(1)

First suspension in a 24-month period of time shall not exceed 30 days.

(2)

Second suspension in a 24-month period of time shall not exceed 60 days.

(3)

Third suspension in a 24-month period of time shall cause revocation of the license.

(d)

When a revocation or suspension of a license is permitted under the chapter, such license may be suspended or revoked by the county administrator. Following such action, the following procedures shall apply:

(1)

The county administrator shall notify the licensee of the suspension or revocation by certified mail to the licensee's registered agent at the last known address of record in the licensing records of the county marshal. The notice shall include the following information:

a.

The reasons for the suspension or revocation;

b.

The effective date of the suspension or revocation; and

c.

A statement advising that if the licensee desires to pursue an appeal, the licensee must file a written "notice of appeal" with the county administrator which must either be postmarked or actually received by the county administrator within ten days from date of delivery of the suspension/revocation notification letter.

(2)

If the county administrator receives a written notice of appeal from the licensee which is either postmarked or actually received by the county administrator within ten days from date of delivery of the suspension/revocation notification letter, the county administrator shall set a hearing date with the alcohol license review board within 30 days of receipt of the notice of appeal.

(3)

Upon the scheduling of an appeals hearing, the county administrator shall give written notice to the licensee's registered agent of the time, place, purpose of the hearing, and a statement of the charges upon which the decision is based. Service of such notice shall be by certified mail.

(4)

Delivery of any notice originating from the county administrator referenced in this subsection sent to a registered agent shall be deemed to take place upon:

a.

Receipt; or

b.

If sent to the last known address on record with the county marshal but then returned as unclaimed or refused.

(5)

Pending the outcome of the administrative appeal process pursuant to this subsection, the licensee may continue to operate his place of business that the license in question pertains to, assuming the licensee has a current valid occupation tax certificate and any other pertinent license. Upon affirmance of any suspension or revocation by the alcohol license review board, the suspension or revocation shall take effect, and shall not thereafter be stayed.

(Res. No. 12-08, § 4(Exh. A), 4-10-2012, eff. 7-1-2012)