§ 3-52. Suspension; revocation; fine in lieu of suspension.

(a)

The council may either suspend or revoke any license upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to alcoholic liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity to be heard. However, any license may be temporarily suspended without notice for a period of not more than fifteen (15) days pending any prosecution, investigation, or public hearing.

(b)

Whenever a decision of the local licensing authority suspending a retail license for fourteen (14) days or less becomes final, whether by failure of the retail licensee to appeal the decision or by exhaustion of all appeals and judicial review, the retail licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having his retail license suspended for all or part of the suspension period. Upon the receipt of the petition, the local licensing authority 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 that:

(1)

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 the fine will achieve the desired disciplinary purposes;

(2)

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)

The retail licensee has not had his 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.

(c)

The fine shall be equivalent to twenty (20) percent of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). Payment of any fine pursuant to the provisions of subsection (b) of this section shall be in the form of cash or in the form of a certified check or cashier's check made payable to the city.

(d)

Upon payment of the fine pursuant to subsection (c) of this section, the local licensing authority shall enter its further order permanently staying the imposition of the suspension. The city council shall cause such moneys to be paid into the general fund of the city.

(e)

In connection with any petition pursuant to subsection (b) of this section, the authority of the local licensing authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.

(f)

If the local licensing authority does not make the findings required in subsection (b) of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the local licensing authority.

(g)

The local licensing authority shall report all actions taken to impose fines, suspensions and revocations to the state licensing authority in a manner as required by the state licensing authority.

(Code 1961, § 4-12; Ord. No. 19-1987, § 4-12, 9-22-87, eff. 10-5-87)

State law reference

Suspension and revocation, fines, C.R.S. 12-47-110.