A. Proceedings for suspension or revocation of a liquor license shall be commenced in either of the following manners: (1) upon the filing of a complaint with the liquor licensing authority by a third party which is supported by probable cause; or (2) upon the request of the Chief of Police or Town Clerk based on a determination that there is probable cause to believe a violation has occurred or is occurring after a full investigation. The liquor licensing authority shall set a time and place for a hearing on the matter, and the Town Clerk shall give the licensee timely written notice of the date, time and place of the hearing. The notice shall describe generally the alleged violations and the grounds showing probable cause for suspension or revocation of a license. The notice shall be served on the licensee by certified mail to the last address furnished to the Town at least forty-eight (48) hours prior to the hearing.

B. The liquor licensing authority or a hearing officer appointed by the liquor licensing authority shall conduct the hearing. The hearing officer may be designated by the Town Council.

C. The liquor licensing authority, the Town Clerk, and the hearing officer shall have the power to administer oaths, issue subpoenas and, when necessary, grant continuances.

D. In all such hearings, the Town Attorney shall act on behalf of and advise the liquor licensing authority. The liquor licensing authority shall appoint special counsel to conduct an investigation and prosecute the licensee on behalf of the Town.

E. All hearings before the liquor licensing authority or the hearing officer shall be conducted in accordance with the procedures adopted by the liquor licensing authority.

F. If the liquor licensing authority conducts a hearing, it shall render a decision that shall contain such findings of fact and conclusions of law as are relevant and necessary to support the decision under this chapter. If the hearing is held before a hearing officer, the hearing officer shall make a recommendation in writing to the liquor licensing authority within thirty (30) days after the close of the hearing. The written recommendation shall contain findings of fact and conclusions of law based on the evidence presented at the hearing. A copy of this summary and recommendation shall be transmitted to the licensee. At the next regular council meeting following the submission of the hearing officer’s recommendation, the liquor licensing authority shall consider the same. In its discretion, the liquor licensing authority may reject the hearing officer’s recommendation, refer the matter back for further proceedings, adopt the recommendation or order a new hearing, either before the original hearing officer or before the entire liquor licensing authority or a committee or member thereof.

G. The liquor licensing authority may suspend any license for a period up to six (6) months, following the guidelines in PMC 6.12.110, or revoke a license permanently, based on evidence of good cause presented at the hearing.

H. In the event of revocation, suspension or cessation of business, no portion of the license fee or occupation tax shall be refunded.

I. The licensee shall have the right to appeal or seek judicial review of a decision of the liquor licensing authority as provided in the Colorado Rules of Civil Procedure. (Ord. 686 §2 (Exh. A), 2015; Amended Ord. 757 §2, 2019)