§ 4.12.090. Suspension of license by chief of police  


Latest version.
  • (a) The chief of police, upon five days' written notice to the person holding any license to sell cereal malt beverage, shall have the authority to suspend such license for a period not to exceed thirty days, for any violation of the provision of this chapter or other ordinances pertaining to cereal malt beverages, which violation does not in the chief's judgment justify a recommendation of revocation.

    (b) The chief of police, upon five day's written notice to the person holding any license to sell cereal malt beverages, shall have the authority to suspend such license if the licensee, the licensee's manager, employee or agent, or any person under the direction and control of the licensee has committed a violation of Sections 7.41.010 or 7.41.030 (noise) of this Code, or any amendment thereto. Within any two-year period of time, upon a first violation of said sections, the chief of police shall issue a written warning to the licensee; upon a second violation, the chief shall suspend such license for a period of one day; upon a third violation, the chief shall suspend such license for a period of one week; and upon a fourth or subsequent violation, the chief shall suspend such license for a period of one year.

    (c) The licensee may appeal any order of suspension issued pursuant to this section to the city council within seven days from the date of such order; and in the event such order of suspension is upheld by the city council, the licensee may appeal to the district court of the county, in the manner now provided by K.S.A. 41-2708 and any amendments thereto. Any appeal taken from an order of the chief of police shall stay the order of suspension until the matter is resolved by the city council. Any appeal to district court shall not stay the order of the city council.

    (d) The chief of police shall notify the city manager prior to making a suspension hereunder.

(Ord. No. 42-626)