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Summary suspension - must have reasonable grounds to believe that the licensee has <br />committed a willful and wanton violation of the liquor code, or that emergency action is <br />required to protect the public health, safety and welfare. This allows the Authority to <br />suspend a license immediately. The Authority would draft an Order of Findings, finding <br />either wilful or wanton conduct where emergency action is necessary. Authority would <br />order an immediate suspension of the license and then set a hearing within fifteen days <br />from the date of the order. The Authority would serve the Order of Finding on the <br />licensee and then conduct a formal hearing within fifteen days. <br /> <br />A less drastic action would be a suspension or revocation. The licensee will receive a <br />written notice of the charge against them by mail or personal service, setting the hearing <br />on the matter. The Authority would try to do this within fifteen to thirty days. Time <br />frame should allow the licensee to prepare, but not to drag the process out. A suspension <br />of a license cannot exceed six months. <br /> <br />The Authority can subpoena persons, paper and evidence to the hearing. The Authority <br />has the power to subpoena documentary evidence such as video tapes, etc. The city <br />would retain a special prosecutor, someone to present the city's case, representing the <br />police department, etc. Authority Attorney would serve as the board's attorney so could <br />not fulfill that particular role. After all the evidence is presented, the Authority would <br />issue an Order in Findings and make a decision. On a suspension, the licensee has the <br />option of petitioning for a fine in lieu of suspension. This is very typically done in liquor <br />license actions where the violations are not serious, first or second type violations. <br /> <br />The applicant has the right to appeal the decision to the district court. It is for judicial <br />review under rule 106. The court would review the record of the hearing to determine if <br />there is any competent evidence in that record to support the decision of the Authority. If <br />there is, it is likely that the decision would be upheld. It is not a formal criminal <br />prosecution, the burden of proof is not "beyond a reasonable doubt," it is a administrative <br />hearing. <br /> <br />Jeff`ers was directed by the Authority to draft a letter to Union Jack Liquors informing the license holder <br />that the Authority is aware of the violation and concerned that this occurred after they had received a <br />phone call from another establishment warning of this particular customer. This letter will be forwarded <br />to the state and placed in the license holders file. <br /> <br />Jeff`ers will have the letter for the Attorney's and Authority's review at the next meeting. <br /> <br />POLICE DEPARTMENT REPORT <br /> <br />NONE <br /> <br />SECRETARY'S REPORT <br /> <br />NONE <br /> <br />AUTHORITY ATTORNEY'S REPORT <br /> <br />NONE <br /> <br />3 <br /> <br /> <br />