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HomeMy WebLinkAboutResolution-1974-0277 Introduced by Alderman Louise Turner RESOLUTION NO. 277 Series of 1974 WHEREAS, the City Council of the City of Wheat Ridge acknowledges the need for uniform rules of order and procedure for the conduct of its business; and WHEREAS, this Council believes certain Rules to be in the best interest of the Health, Safety, Welfare and Morals of the Citizens of the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wheat Ridge does hereby and herewith adopt the attached Rules concerning the suspension and revocation of MALT, VINOUS AND SPIRITUOUS LIQUOR and FERMENTED MALT BEVERAGE LICENSES. DONE AND RESOLVED this 14th day of February, A. D., 1974, by a vote of 6 to O. ATTEST: 41",,) I '/ ,) , -, /I" I 1(/) /1 ~ ' ) ivv.' / C2':'\../ L'/J{/t1..fft'/-)1 ./ Elise Brougham ' City Clerk Resolution I~O. 277 PagB 2 (Att~nmBnt) RULES CONCERNING SUSPENSION AND REVOCATION OF ANY LICENSE TO SELL AT RETAIL ANY MALT, VINOUS OR SPIRITUOUS LIQUORS OR FERMENTED MALT BEVERAGES. The City Council shall have the power, upon its own motion or upon complaint, to (1) summarily suspend any license for a period not to exceed fifteen days, or (2) upon notice to the licensee and hearing to suspend any license for a period not to exceed six months or to revoke such license. A. Suspension and revocation proceedings shall be commenced by the Council (through the City Attorney) issuing and causing to be served upon the licensee a notice of hearing and an order to show cause why his license should not be suspended or revoked whenever it shall appear to the Council that there is a probable cause to believe that the licensee has violated any law, any rule or regulation of the state licensing authority, or any of the terms, conditions, or provisions of the license issued by the Council. B. As to all such proceedings the City Attorney shall conduct an investigation and shall act as the prosecuting agent where he determines such is appropriate, and in every case where he determines prosecution to be inappropriate, he will notify in writing Council and the Police Department of his decision and thp reason therefore. C. A hearing shall be held at a place and time designated by the Council on the day stated in the notice, or upon such other day as may be set for good cause shown. Evidence in support of the charges shall be given first, followed by cross-examination of those testifying thereto. The licensee, in person or by counsel, shall then be permitted to give evidence in defense, and in explanation and shall be allowed to give evidence and statements in mitigation of the charges, followed by cross-examination of those testifying thereto. In the event the licensee is found to have committed the violation charged, or any other violation, evidence and statements in aggravation of the offense shall also be permitted, followed by cross-examination of those testifying thereto. D. If the evidence presented at the hearing does not support the charges stated in the notice and order served upon the licensee, but standing alone establishes the guilt of the licensee of a violation of some other law, rule or regulation, the licensee shall be permitted to give evidence and state- ments in defense, explanation and mitigation if then pre- pared to do so. If such evidence is not then available, but can be obtained by the licensee, the licensee shall state the substance thereof and upon his request the hearing may be recessed for not more than ten days, and shall then continue under the same procedure as thouoh no recess had occurred. E. In the event the licensee if found not to have violated any law, rule or regulation, the charges against him will be dismissed. If the licensee is found to have violated some law, rule or regulation, his license may be suspended or revoked. F. The Council shall not be required to observe any formal rules of evidence, but may consider any matter which a majority thereof concludes is reasonably relieble and calculated to aid them in reaching an accurate determination of the issues involved. RE50LUTIOI\i,"o. 277 (Attachment) Page 3 G. At the completion of the hearing, Council shall go into closed executive session for consideration of the matters presented. Thereafter, formal action on the case shall be conducted in an open session, which shall be duly re- corded in the minutes of the Council. The City Clerk shall in writing appropriately implement Council decisions adverse to licensee. H. Every licensee whose license has been suspended by the City Council shall, if ordered by the Council, post two notices in conspicuous places, one on the exterior and one on the interior of his premises, for the duration of the suspension. The notices shall be 24 inches in length and fourteen inches in width, and shall be in the following form: NOTICE OF SUSPENSION ALCOHOLIC BEVERAGE LICENSES ISSUED For These Premises Have Been Suspended by Order of the LOCAL LICENSING AUTHORITY For Violation of the Fermented Malt Beverage Act-Liquor Code of 1935 From , To (Date) ( Ti me ) (Date) ( Ti me ) I. The temporary suspension of a license without notice pending any prosecution, investigation, or public hearing as provided for by the provisions of Colo. Rev. Stat. 75-2-11(2) and 75-l-3(7)(b), 1963, as amended, shall be for a period not to exceed fifteen days.