§ 56-7.620. Seizure, suspension, revocation.  


Latest version.
  • (a)

    Whenever the sheriff makes a written finding that there exists or has occurred any violation of this chapter, or of any applicable law or regulation, attributable to the licensee or activities relating to the license, which immediately and seriously endangers the public welfare, he may summarily seize the license, or declare it seized, if he cannot practicably seize it. He shall so notify the licensee in writing as soon as practicable, and also orally if practicable. Upon demand by the licensee, the sheriff shall grant a hearing on this subject within forty-eight hours (excluding Saturdays, Sundays and other holidays), and shall then promptly make his written finding and decision whether to reinstate, suspend or revoke the license.

    (b)

    Suspension. After a seizure hearing, or upon the sheriff's written finding that a similar condition exists but where the serious danger is not immediate although impending, he may suspend the license for not over thirty days and seize it or declare it seized. He shall give notice and proceed as for seizures (unless suspension follows a seizure hearing), except that the hearing may be within five business days.

    (c)

    Revocation. After a seizure or suspension hearing, or upon at least ten days' written notice to the licensee, the sheriff may conduct a hearing on revoking the license, which he may do on his written finding that a condition described in subsection (a) of this section is a serious danger to the public welfare and is so serious, dangerous, flagrant, wilful, long-continued, repeated and/or uncorrectable that revocation is an appropriate remedy. Such cause may include apparent absconding by the licensee or his apparent abandonment of the activity, as well as violations of this chapter.

    (d)

    Notice. If the sheriff is unable to seize the license, as provided for here, he shall, and after seizure, suspension or revocation he may, post notice of his action on the premises. No person shall remove such notice without authorization during the reasonable period of posting stated therein.

(Ord. 76-30).