6.10.420 Fine in lieu of hearing.
A. Upon application, stipulation or admission by the licensee, made ten (10) days prior to a scheduled suspension or revocation hearing unless waived by the Licensing Officer, the licensee may request permission to pay a fine in lieu of a hearing. Upon the receipt of the petition, the Licensing Officer or his designee may, in his sole discretion, stay a proposed hearing and cause any investigation to be made which he deems desirable and may, in his sole discretion, grant the petition if he is satisfied:
1. That the public welfare and morals would not be impaired by permitting the licensee to continue operation and that the payment of the fine will achieve the desired disciplinary purposes;
2. That the licensee has not had his license suspended or revoked, nor paid any fine in lieu of suspension during the two (2) years immediately preceding the date of the alleged violations; and
3. That the books and records of the licensee are kept in such a manner that economic loss can be determined with reasonable accuracy therefrom.
B. The fine accepted shall be the equivalent to twenty percent (20%) of the estimated gross revenues from the sale of such merchandise or services on the dates of the alleged violations; except that the fine shall be not less than five hundred dollars ($500.00) nor more than ten thousand dollars ($10,000.00).
C. Payment of any fine pursuant to the provisions of subsection (A) of this section shall be payable in full in the form of cash, certified check or cashier’s check made payable to the Town of Parachute. The proceeds of the payment of the fine shall be paid into the General Fund of the Town.
D. Upon payment of the fine pursuant to subsection (A) of this section, the Licensing Officer or his designee shall enter his further order permanently staying the suspension or revocation hearing.
E. The authority of the Licensing Officer or his designee under this section is limited to:
1. The granting of such stays as are necessary for him to complete his investigation and make his findings; and
2. If he makes such findings, to the granting of an order permanently staying the imposition of the hearing; and
3. The determination of the fine to be imposed.
F. If the Licensing Officer does not make the findings required in subsection (A) of this section and does not order the hearing permanently stayed, the hearing shall proceed as scheduled.
G. The determination of the Licensing Officer to deny a fine in lieu of a hearing, or to allow a fine in lieu of a hearing, and the determination of the amount of the fine, shall be final decisions committed to his discretion and not subject to appeal to the Town Council. (Ord. 442 §1, 2001; Amended Ord. 757 §2, 2019)