§ 6-71. Suspension or revocation.

(a)

Any person who has personal knowledge of a violation of any provision of this article shall make a written complaint of violation to the county, either to the county manager or the county sheriff's department. Upon receipt of a complaint of violation, the sheriff shall be notified and shall cause the complaint to be investigated. If the investigation reveals probable cause that a violation has occurred, the sheriff or his deputy shall immediately seize the license under which the individual suspect was operating and all sales of malt beverages and wine shall be suspended until the next regular meeting of the board of commissioners and a citation shall be issued charging the individual suspect with the violation. The individual shall be provided a copy of the citation.

(b)

One copy of the citation issued as provided in subsection (a) of this section shall be forwarded to the county manager who shall place the matter of suspension or revocation of the license under which the individual suspect was operating on the agenda for the next regular meeting of the board of commissioners.

(c)

Violation of any provision of this article, or any federal or state law, or any ordinance of an incorporated city within the county, regulating or controlling the sale or use of alcoholic beverages, shall result in suspension or revocation of a license issued pursuant to this article as follows:

(1)

The first violation shall result in a suspension of the license for a period of not more than six months which period shall be deemed to have begun on the day the license was seized and sales ceased.

(2)

The second violation within five years shall result in a suspension of the license for a period of not less than one year from the date of the decision by the board of commissioners.

(3)

The third violation within five years shall result in revocation of the license.

(d)

At the hearing on the citation, the board of commissioners may receive evidence with regard to the alleged violation, which evidence may be by authenticated document or sworn testimony. The board of commissioners shall consider the matter of suspension upon the close of the evidence. The decision of the board of commissioners shall be in writing and a copy provided to the licensee.

(Ord. No. 2002-06, § 16, 11-12-2002)