§ 4-57. Hearings.

(a)

No license or permit under Articles II and III shall be denied, suspended or revoked without the opportunity for a hearing as hereinafter set forth, provided however that upon conviction or plea of nolo contendere by a court of competent jurisdiction that results in the suspension or revocation of a license or permit, the license or permit shall be deemed immediately revoked or suspended by the alcoholic beverage review board appealable pursuant to subsection (f).

(b)

The issuing department shall provide written notice to the applicant or licensee of the decision to deny, suspend or revoke the license or permit. Such written notification shall notify the applicant or licensee of the right of appeal. Any applicant or licensee who is aggrieved or adversely affected by a final action of the issuing department may have a review thereof by appeal to the alcoholic beverage review board. Such appeal shall be by written petition filed with the county within fifteen (15) days after the final decision or action by the county.

(c)

A hearing shall be conducted on each appeal within thirty days of the date of filing with the issuing department, unless a continuance of such date is agreed to by the appellant and the issuing department. The appellant at such hearing shall have the right to be represented by an attorney at the expense of the appellant, and to present evidence and cross-examine witnesses.

(d)

The findings of the alcoholic beverage review board shall be forwarded to the relevant issuing department at the conclusion of the hearing. The issuing department shall have the duty to notify the appellant of the action of the action of the alcoholic beverage review board.

(e)

The findings of the alcoholic beverage review board shall not be set aside unless found to be any of the following:

(1)

Contrary to law or ordinances;

(2)

Unsupported by substantial evidence on the record as a whole;

(3)

Unreasonable.

(f)

The findings of the alcoholic beverage review board shall be final unless appealed within thirty (30) days of the date of the findings by certiorari to the superior court of the county.

(Code 1976, § 7-2024; Ord. No. 98-04, Pt. 1, 4-30-98; Ord. No. 01-12, Pt. I, 6-26-01)