6.12.120 Effect of license suspension.
A. Petition for Fine. When a decision of the Town to suspend a retail liquor license for fourteen (14) days or less becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, before the operative date of suspension the licensee may petition for permission to pay a fine in lieu of suspension for all or part of the suspension period. Upon receipt of such petition, the Town may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which 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 retail licensee to operate during the period set for suspension and that the payment of a fine will achieve the desired disciplinary purposes;
2. That the books and records of the retail licensee are kept in such a manner that the loss of sales of alcoholic beverages which the retail licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and
3. That the retail licensee has not had its license suspended or revoked, nor had any suspension stayed by payment of a fine during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the retail license.
B. Fine Amount. If accepted, the fine shall be the equivalent to twenty percent (20%) of the retail licensee’s estimated gross revenue from sales of alcoholic beverages during the period of the proposed suspension; provided, that the fine shall not be less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).
C. Form of Payment. Payment of any fine shall be in the form of cash or certified check or cashier’s check made payable to the Town.
D. Stay of Suspension. Upon payment of the fine, the Town shall enter its further order permanently staying the imposition of the suspension, or (part) of the suspension, as appropriate.
E. Payment to General Fund. Any fine paid to the Town shall be paid into the general fund of the Town.
F. Effective Date of Suspension. If the Town does not make the findings required in this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Town. (Ord. 686 §2 (Exh. A), 2015)