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Ord 2005-019
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Ord 2005-019
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Last modified
7/13/2006 2:52:01 PM
Creation date
7/13/2006 2:50:26 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amendment
Number
2005-19
Date
3/1/2005
Volume Book
160
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<br />days of receipt of the notice. Upon consideratIOn of the <br />eVIdence contamed m the appeal, and any response by the City I <br />staff, the DIrector may affirm, rescind, or modify the <br />assessment of vIOlatIOn values. <br /> <br />b At least ten days prIor to a revocation hearmg, the DIrector shall <br />notIfy the permIt holder by certIfied mail, return receIpt requested. <br />Any complainant whose report of a violatIOn resulted in the <br />assessment of VIOlatIon values shall also be notIfied at that tIme. The <br />notIce shall state the purpose of the hearing and the alleged grounds <br />for revocatIOn of the CondItIonal Use P 12ermIt. The CIty shall proVIde <br />to the permIt holder, upon request, a copy of all WrItten mformation of <br />the CIty pertment to the grounds for revocatIOn. <br /> <br />c. At the revocatIOn hearing, the CIty shall have the burden of producing <br />eVIdence to show that the permIt holder has not been m complIance <br />WIth thIS chapter, and that suffiCIent grounds exist to justIfy revocatIOn <br />of the permIt. The permIt holder may produce eVIdence of complIance. <br />The CommIssIOn shall make its deCIsion based upon the <br />preponderance of the credible eVIdence before it. <br /> <br />If the permIt IS revoked, the dIspensmg of alcoholIc beverages for on- <br />premIses consumptIOn at the establIshment shall cease the next day <br />after the revocatIOn, and the DIrector shall report the CommIssIOn's <br />actIOns to state T ABC offiCIals. Subsequent dIspensmg of alcoholIc <br />beverages for on-premIses consumptIOn at the establIshment requires <br />approval of a new CondItIonal Use PermIt. <br /> <br />If the permIt IS not revoked, the dIspensmg of alcoholIc beverages <br />may contmue at the establIshment m accordance WIth the orIgmal <br />permIt, or the CommISSIOn may Impose addItIonal condItIons on the <br />permIt whIch are reasonably related to the CIrcumstances gIving rIse to <br />the revocatIOn heanng. The permIt IS agam subject to revocatIOn If one <br />or more addItIonal VIOlatIOn values are assessed dUrIng any <br />probatIOnary penod establIshed by the Commission in ItS declSlon. <br /> <br />d. <br /> <br />e. <br /> <br />SECTION 6. Subsection (b)(6) of SectIOn 434.2 of the CIty Land Development <br />Code IS amended as follows (underlmmg mdIcates added text; overstrike mdIcates deleted <br />text) <br /> <br />AdmmIstratIve approval of certam permIts. CondItIonal Use PermIts may be <br />approved admmIstratIvely by the DIrector at the time a new state T ABC <br />lIcense or permIt IS reqUIred for a currently lIcensed or permItted establIshment <br />due to a change m the name of the pernlIt holder, the name of the busmess, or <br />the ownershIp of the business, or due to remodeling which does not mvolve <br />the expanSIOn of the eXIstmg busmess except to Improve complIance WIth the <br />standards contained m subsection (b)(2) of this sectIOn. <br /> <br />(6) <br /> <br />4 <br /> <br />I <br /> <br />I <br />
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