§ 18-109. Suspension, revocation and probation of license.

(a)

No license issued under this article shall be suspended, revoked or placed on probation except for due cause as defined in this article, and after a hearing before the board of commissioners following written notice to the holder of such license of the time, place, and purpose of such hearing addressed to licensee at the last address which licensee provided to the county administration or to the address of the premises and a statement of the charge upon which such hearing shall be held, except as provided in this section. Ten days' notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the circumstances may justify.

(b)

"Due cause" for suspension, revocation, or probation of such license shall consist of the violating of any local, state, or federal laws, regulations or ordinances regulating such business or when the operation of the business has become undesirable, or for any reason which would authorize the refusal to issue or renew such license.

(c)

In all hearings pursuant to this section, the following procedures shall prevail, and the proceeding shall be as informal as compatible with justice:

(1)

Formal rules of evidence do not apply to the hearing.

(2)

The chairperson of the board of commissioners shall read or cause to be read the charges and specifications against the license. The chairperson of the board of commissioners shall then read or cause to be read any response filed by the licensee.

(3)

The board of commissioners shall hear the evidence upon the charges and specifications as filed against the licensee and shall not consider any additional evidence beyond the scope of the charges, and may exclude evidence which is purely cumulative.

(4)

The order of proof shall be as follows: The county representative shall present his evidence in support of the charges; the licensee shall then present his evidence. Evidence of each party may be supported by submission of pertinent documents. Each party shall be allowed to present pertinent rebuttal evidence.

(5)

The licensee and county may be represented by counsel, and may present examine and cross examine witnesses. Additionally, the board of commissioners may interrogate all parties and witnesses to obtain necessary information.

(d)

The chairperson of the board of commissioners may suspend a business license or give ten days notice that such license is subject to suspension when there is cause to believe that grounds exist for revoking the license. This action shall be reviewed at the next regular meeting of the board of commissioners, or at the request of the license holder, a special meeting of the board of commissioners may be called within ten days after such request is filed with the chairperson of the board of commissioners to affirm or refuse the suspension after the hearing of the evidence. An accusation by a law enforcement officer shall be deemed due and sufficient cause for suspension. A license shall not be revoked except upon action by the board of commissioners.

(e)

The chairperson of the board of commissioners or the sheriff may suspend a license or give ten days' notice that such license is subject to suspension when there is no cause to believe that grounds exist for revoking the license. Such action by the chairperson of the board of commissioners or the sheriff shall be reported, in writing, to the board of commissioners at the next regular or called meeting of the board of commissioners. If the board of commissioners affirms the decision of the chairperson of the board of commissioners or the sheriff, then such license may be revoked, suspended or placed on probation. A signed accusation by an officer of the law shall be deemed sufficient cause.

(Ord. of 6-27-1996, § 25)