25

Section 3-25 Penalties, suspension; revocation; denial of renewal or transfer.

(a) Notice, hearing. Any license which has been applied for or which has been issued or which may hereafter be issued by the City to an licensee may be denied, suspended, revoked or transfer refused, as applicable, by the city council pursuant to the provisions of this chapter. In the event the city council shall deny any application for a license or for the transfer of any license, or shall revoke or suspend any existing license, the applicant or licensee shall be given notice in writing from the city clerk with the reasons for the actions stated and which notice shall be mailed or delivered to the applicant. Within 15 business days of the date of the notice of the action denying any application or suspending, revoking or refusing the transfer of any license, the party affected shall have the right to give notice in writing to the city council of a request for a hearing with respect to the action taken by the city council. Thereafter, and within 30 days of the notice of the application for hearing by the applicant or the licensee, the city council shall set a hearing for the party affected. The hearing provided for in this section need not be at a regular meeting of the city council but may be at such time and place as shall be fixed by the city council in the notice given to the applicant or licensee. Provided further, that at any hearing as provided for in this section, the party afforded the hearing shall have the opportunity to present evidence, to cross-examine opposing witnesses, to have an attorney present to represent the party's interest, and to have testimony recorded at that party's expense.

(b) Due cause generally.

(1) Due cause for the suspension, revocation or denial of the renewal or transfer of any license shall consist of an act or omission found to be by the city council, after a hearing as above provided, a violation of any law or ordinance regulating such business, or violation of regulations made pursuant to authority granted for the purpose of regulating such business, or for the violation of any state or federal law, or for the violation of any city ordinances, other than traffic violations or ordinances, or failure of the licensee or his employee to promptly report to the police department any violation of the law or ordinance, breach of peace, disturbance or altercation, resulting in violence occurring inside the premises.

(2) Due cause may also be found should the licensed establishment have become a trouble spot in the judgment of the city council by reason of disturbances or acts of disorderly conduct or violence having occurred in the establishment or on the premises thereof, provided that when the license of any establishment has been revoked or renewal of license denied because such establishment has become a trouble spot, no further license shall be issued under this chapter to any person, firm or corporation at such location for a period of at least twelve (12) months from the date of revocation.

(3) Due cause shall also consist of the business or the operation or location thereof, or the owner or any person connected therewith, ceasing to meet any of the qualifications for the issuance of license as stated in this chapter.

(4) Due cause may also be found upon the revelation of any false statement or material misrepresentation in any application hereunder. Any material omission from or untrue or misleading information which is contained in an original, renewal or transfer application for license hereunder shall be cause for the denial or refusal of a license, and if any license has previously been granted under such circumstances, the same shall constitute due cause for revocation of such license.

(5) Failure to control operation resulting in public nuisance. If the failure to control the operation either inside the building or outside on the property results in controlled substance abuse, prostitution, gambling, flagrant indecent conduct or obscenity, fighting, excessive noise, loitering or illegal parking, to the number of times and extent that the city council, after proper hearing, should find the establishment to have become a public nuisance, then such failure may be declared to be due cause for suspension or revocation of the alcoholic beverage license for such establishment, or the denial of renewal application for such license.

(c) Emergency due cause; failure or refusal to cooperate with the city police acting in line of duty. On evidence of failure or refusal of the licensee or employee hereunder to cooperate with any police officer on any reasonable request or action within such officer s duties, responsibilities or powers, including all police powers, rights and duties to investigate to determine any pertinent fact relating to the establishment, the licensee, any employees or corporate officers or partners, the chief of police shall immediately order all sales of any alcoholic beverages suspended until after a hearing as set out in the due cause hearing provided for in paragraph (a), such hearing to be concerning such failure or refusal to cooperate.

(d) Refund of license fee. When a license is so revoked or suspended, the city shall not be required to refund any portion of the license fee.

(e) Effect of revocation by state. Whenever the state shall revoke any permit or license to sell any alcoholic beverage at retail, the city license to deal in such product shall thereupon be automatically revoked without any action by the city council or any municipal officer. If the state has suspended the license or placed such license on probation, then the city license is automatically suspended or probated, as the case may be.

(f) Emergency situation. The mayor is the delegated authority to suspend any license hereunder in any emergency situation, and such suspension may be made effective immediately and remain in force until the next regular or called meeting of the city council. In addition, in any emergency situation, the chief of police is hereby authorized to cause the business in question to close temporarily until he decides the emergency or possible riotous situation to be at an end, or until such decision is made by the city council at its next regular meeting, whichever occurs first.

(g) Penalties for sale of alcoholic beverages to underage persons. Upon receipt of information by the city council that a sale of alcoholic beverages to an underage person has taken place by a license holder, including the license holder's agent or employee, the license holder shall be given notice in writing from the city clerk to show cause before the city council at a time and place specified therein not less than three (3) days no more than ten (10) days from the date of the service of the notice why a penalty should not be assessed against the license holder. At the appointed time and place the license holder shall have an opportunity to show cause, if any exist, why the license holder should not be penalized for the sale of alcoholic beverages to an underage person. At any hearing as provided in this subsection, the license holder shall have the opportunity to present evidence, to cross-examine opposing witnesses, to have an attorney present to represent the license holder's interest, and to have testimony recorded at the license holder's expense. Thereafter, the city council shall take such action as it, in its judgment and discretion, shall deem warranted under the facts, and if a determination is made that the license holder or license holder's employee has sold alcoholic beverages to an underage person, the license holder shall be penalized according to the following schedules:

ALCOHOLIC BEVERAGE VIOLATORS--LICENSE HOLDERS

SALES TO UNDERAGE PERSONS

Disposition

Violation/time frame

With training program

Without training program

Issuance of license

Verbal warning

Warning--advise that training program is mandatory for all employees/clerks

First offense

Written warning to license holder $500.00 fine or thirty (30) days suspension of license at the election of the holder

$2,000 fine--require mandatory training program for employees/clerks and sixty (60) days suspension

Second offense within twelve (12) month period

$1,500 fine and sixty (60) days suspension

$2,000 fine and ninety (90) days suspension--require mandatory training program for all clerks/employees

Third offense within twelve (12) month period

$2,000 fine and ninety (90) days suspension

$2,000 fine and revocation of license for one (1) year

Alcoholic beverage license holders shall follow guidelines established by the city manager in conducting training programs mentioned in subsection (g).

ALCOHOLIC BEVERAGE VIOLATORS--EMPLOYEES OF LICENSE HOLDERS

SALES TO UNDERAGE PERSONS

Issuance of employee permit

Warning

First offense

$200 fine and warning

Second offense

$300 fine and revocation of permit for 30 days and warning

Third offense

$300 fine and revocation of permit

Note: The City Council delegates to the judge of the Municipal Court of Thomasville, Georgia, the duty to conduct hearings with respect to the sale of alcoholic beverages to underage persons by employees of license holders, and the judge of Municipal Court, upon a finding that an offense has occurred, shall assess the appropriate penalty as set forth above.

Any monetary penalty established by the city council for the sale of alcoholic beverages to underaged persons shall be paid by the license holder on or before the seventh working day following the establishment of such penalty.

(Code 1958, 5-8; Ord. of 1-23-89(1), 1; Ord. of 9-25-89, 1; Ord. of 4-22-96(1), II; Ord. of 3-10-97, IV; 12-10-07, note added;)

(2002-3-25(g), Amended, 02/25/2002, Prior Text; 2002-3-25(a), Amended, 02/25/2002, Prior Text;)