§ 10-43. Suspensions, revocation, or forfeiture of license.

(a)

Every license issued by the city for the sale of alcoholic beverages shall expire and be of no further force or effect in case of bankruptcy, receivership, levy of legal process, or failure to promptly account for and pay the excise tax levied on the sale of alcoholic beverages.

(b)

Except as provided for transfers herein, any change in the ownership of any entity owning a licensed outlet shall cancel and revoke any license issued hereunder automatically without the necessity of any hearing.

(c)

All licensees must, within six months after the approval of the license, open for business the outlet referred to in the application for license, and being the sale of the product authorized by the license. Failure to open the outlet and begin the sales referred to above within the six-month period shall serve as automatic forfeiture and cancellation of the license and no refund of the license fee shall be made to the license holder.

(d)

Any licensee who shall for a period of three consecutive months cease to operate the business and sale of the product authorized in the license, shall after the three-month period automatically forfeit the license, which license shall be cancelled without the necessity of any further action and without refund to the license holder.

(e)

A license may be suspended or revoked by the mayor and city council upon his learning that a licensee furnished fraudulent or untruthful information in the application for a license, or omits information required in the application for a license, or fails to pay all fees, taxes, or other charges imposed under the provisions of this article.

(f)

Whenever the state shall revoke any permit or license to sell alcoholic beverages, the city license shall thereupon be automatically revoked, without any action by the city. Any licensed outlet that is found to be in violation of the prohibited conduct provided for in this article shall be subject to immediate license revocation in addition to all other penalties allowed.

(g)

Any licensed outlet for the sale of distilled spirits by the drink shall be subject to immediate license revocation if the outlet fails to meet the requirements regarding the sale of food on the premises.

(h)

The mayor and city council may suspend or revoke the license of any outlet that does not meet the licensing qualifications set forth in this article at any time the knowledge becomes known to him.

(i)

An act or omission of a licensee, or employee of the licensee or licensing outlet willingly or knowingly performed, which constitutes a violation of federal or state law, or of any provision in this article, will subject the licensee to suspension or revocation of his license in accordance with the provisions of this article when the mayor and city council determine to their own satisfaction that the act or omission did occur regardless of whether any criminal prosecution or conviction ensues; provided, however, in the case of an employee, the mayor and city council will determine that the acts of the employee were known to, or under reasonable circumstances should have been known to the licensee, or were condoned by the licensee, or where the licensee has not established practices or procedures to prevent the violation from occurring.

(j)

Any license shall automatically expire on December 31 of each year unless renewed by the mayor and city council.

(Code 1979, § 37-1.7)