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Ord 1994-008
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Ord 1994-008
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Last modified
8/1/2007 4:48:28 PM
Creation date
6/28/2007 8:51:22 AM
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Template:
City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Zoning
Number
1994-8
Date
1/24/1994
Volume Book
114
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<br /> L/ 'iß <br /> (b) An establishment having a valid TABC <br /> specific use permit accumulates at <br /> any time during the period of the <br /> permit any combination of confirmed <br /> violations of the standards which <br /> totals six or more of the weighted <br /> violation values shown in <br /> parentheses at the end of each <br /> enumerated standard in subsection <br /> (b). Violations of the standards <br /> shall be investigated, documented, <br /> confirmed, and filed by the Director <br /> or a police officer, fire marshal, <br /> building inspector or other City <br /> officer. The Director shall notify <br /> the permit-holder by certified mail, <br /> return receipt requested, of each <br /> assessment of violation values. If <br /> the permit-holder disagrees with the <br /> assessment, the permit-holder may <br /> file a written appeal with the <br /> Director within 15 calendar days of <br /> receipt of the notice. Upon <br /> consideration of the evidence <br /> contained in the appeal, and any <br /> response by the City staff, the <br /> Director may affirm, rescind, -or <br /> modify the assessment of violation <br /> values. <br /> 2. At least ten (10) days prior to a <br /> revocation hearing, the Director shall <br /> notify the permit-holder by certified <br /> mail, return-receipt requested. Any <br /> complainants whose report of a violation <br /> resulted in the assessment of violation <br /> values shall also be notified at such <br /> time. The notice shall state the purpose <br /> of the hearing and the alleged grounds <br /> for revocation of the specific use <br /> permit. The City shall provide to the <br /> permit-holder, upon request, a copy of <br /> all written information of the City <br /> pertinent to the grounds for revocation. <br /> 3. At the revocation hearing, the City shall <br /> have the burden of producing evidence to <br /> show that the permit-holder has not been <br /> in compliance with this ordinance, and <br /> that sufficient grounds exist to justify <br /> revocation of the permit. The <br /> permit-holder may produce evidence of <br /> compliance. The Commission shall make <br /> its decision based upon the preponderance <br /> of the credible evidence before it. <br /> 4. If the permit is revoked, the dispensing <br /> of alcoholic beverages for on-premise <br /> consumption at the establishment shall <br /> cease the next day after the revocation <br /> and the Director shall report the <br /> Commission's actions to State TABC <br /> officials. Subsequent dispensing of <br /> alcoholic beverages for on-premise <br /> consumption at the establishment <br /> requires approval of a new specific use <br /> permit. <br /> 5. If the permit lS not revoked, the <br /> dispensing of alcoholic. beverages may <br /> continue at the establishment In <br />
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