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Section 18-2-8

Section 18-2-8. Imposing Fines in Lieu of Suspension.

(a)
The Northglenn Liquor Licensing Authority ("Authority") shall have the power and authority, on its own motion or on complaint, after investigation and public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke any license or permit issued by such authority for any violation by the licensee or by any of the agents, servants, or employees of such licensee of the Colorado Liquor Code, C.R.S. 12-47-101 et. seq., or any of the rules or regulations authorized pursuant to the Colorado Liquor Code or of any of the terms, conditions, or provisions of the license or permit issued by such authority. The Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing that the licensing authority is authorized to conduct.

(b)
Notice of suspension or revocation, as well as any required notice of such hearing, shall be given by mailing the same in writing to the licensee at the address contained in such license or permit. No such suspension shall be for a longer period than six months. If any license or permit is suspended or revoked, no part of the fees paid therefor shall be returned to the licensee. Any license or permit may be summarily suspended by the issuing licensing authority without notice pending any prosecution, investigation, or public hearing. Nothing in this section shall prevent the summary suspension of such license or permit for a temporary period of not more than fifteen days.

(c)
Whenever the decision of the Authority suspending a license or permit becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of the license or permit suspension for all or part of the suspension period. Upon the receipt of the petition, the Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made that it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:

(1)
That the public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; and

(2)
That the books and records of the licensee are kept in such a manner that the loss of sales of alcohol beverages that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy.

(d)
The fine accepted shall be the equivalent to twenty (20) percent of the licensee's estimated gross revenues from sales of alcohol beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).

(e)
Payment of any fine pursuant to the provisions of subsection (c) shall be in the form of cash or in the form of a certified check or cashier's check made payable to Authority.

(f)
Upon payment of the fine pursuant to subsection (c) of this section, the Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to the Authority, the governing body of the Authority shall cause such monies to be paid into the general fund of the Authority.

(g)
In connection with any petition pursuant to subsection (c) of this section, the power of the Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.

(h)
If the Authority does not make the findings required in subsection (c) of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Authority.

[Source: Ord. 1367, 2004; 1682, 2014]