§ 6-34. Suspension or revocation of location permit.

(a)

Intent. It is the intent of city council to make the location permit holder responsible for the conduct of their business. Accordingly, the actions of the permit holder's customers, agents, employees or independent contractors committed while patronizing or employed at the permit holder's business location, are imputable to the location permit holder also to the extent that the permit holder knew, or should have known, that the actions of the permit holder's customers, agents, employees or independent contractors were contrary to the requirements of the location permit or this chapter.

(b)

Any location permit issued under this article may be suspended or revoked by the city council at any time, after due notice and hearing, upon any or all of the following grounds:

(1)

Fraud, misrepresentation or false statement contained in the application for a location permit or at the public hearing held to consider the application.

(2)

Fraud, misrepresentation or false statement made in the course of carrying on the business for which the location permit was issued by the permit holder, or the permit holder's agents, employees or independent contractors, done within the course and scope of their agency, employment or duties at the permit holder's business location.

(3)

Any violation of this chapter, or the Florida Beverage Law, the rules and regulations promulgated under the state beverage laws, or actions contrary to the factors set forth in subsection 6-33(c) by the permit holder, its customers or the permit holder's agents, employees or independent contractors, done within the course and scope of their agency, employment or duties at the permit holder's business location.

(4)

Revocation or suspension by the state department of business and professional regulation of the location permit holder's beverage license issued by the department.

(5)

Conviction of the permit holder, or the permit holder's agents, employees or independent contractors, of any felony, or any misdemeanor or municipal ordinance involving moral turpitude, committed while within the course and scope of their agency, employment or duties at the permit holder's business location.

(6)

Conduct by a location permit holder, or the permit holder's customers, agents, employees or independent contractors while patronizing or employed at the permit holder's business location constituting a breach of the peace or a menace to the peace, health, safety and welfare of the public or the good order of the city.

(7)

Maintaining or allowing a nuisance on the alcoholic beverage location permit premises.

(8)

Discontinuing business operations as a restaurant after initially representing the applicant's intent to operate as a restaurant in the applicant's application or at the public hearing concerning the location permit.

(9)

If while conducting business as a juvenile dance hall under chapter 10 of the City of Ocala Code of Ordinances violates any of the requirements set forth therein.

(c)

Suspension or revocation proceedings may be initiated by the city manager or by the chief of police with the consent of the mayor. The person initiating the proceedings shall state the grounds therefore in writing and have such written statement served on the location permit holder by certified mail at the last known address of such person or by personal service in any manner provided by law or ordinance.

(d)

The written statement served on the location permit holder shall advise the location permit holder that suspension or revocation of his location permit will be recommended to the city council, and shall further advise the permit holder that he is required to show cause before the city council at a time specified in the written statement why his location permit shall not be suspended or revoked. The time specified in the written statement shall not be less than 20 days after the date the written notice was served on the location permit holder.

(e)

In addition to suspending or revoking the location permit as set forth in subsection (b), the city council may also revoke a location permit and abate the revocation, conditioned upon the permit holder agreeing in writing to an abatement of the revocation during a probationary period, not to exceed one year, conditioned upon compliance with specific terms and conditions of probation offered by the permit holder and approved by city council. Violation of the terms and conditions of probation shall entitle city council to immediately terminate the abatement and reinstate the revocation of the location permit as originally adjudicated. Termination of the abatement shall occur at a public hearing after notice of not less than three days to the location permit holder. The location permit holder shall be permitted at the public hearing to present evidence as to why the abatement should not be terminated.

(f)

Any suspension or abatement of a location permit may be conditioned upon the location permit holder paying the reasonable costs and attorney's fees incurred by the city to initiate and prosecute the suspension or revocation action.

(Code 1961, § 4-4(b); Code 1985, § 3-24; Ord. No. 4002, § 4, 11-13-00; Ord. No. 5108, § 2, 11-26-02; Ord. No. 5180, § 1, 7-22-03; Ord. No. 6006, § 9, 8-4-09; Ord. No. 2012-29, § 2(b), 6-5-12; Ord. No. 2015-19, § 2, 4-7-15)