Broken Arrow City Council
Meeting of: 05-17-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible preview of an ordinance amending the Broken Arrow Code, Chapter 4, Alcoholic Beverages, Article V, Low-Point Beverages, Section 4-96. - Suspensions and revocation of license, specifically allowing the City Manager to suspend or revoke a low-point beer license and allowing licensees subject to suspension or revocation to appeal the City Manager’s decision to the City Council; repealing all ordinances to the contrary; and declaring an emergency.
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Background:
Staff recently had the opportunity to review Section 4-96 of the Broken Arrow Code of Ordinances, which governs suspensions and revocations of low point beer licenses. Currently, all low-point beer licenses suspensions and revocations must be presented to the City Council for consideration. The proposed amendment will provide the City Manager or his designee the authority to suspend or revoke a business’ low-point beer license. Specifically, the City Manager or his designee will be able to suspend, for not more than 60 days, or revoke a low-point beer license if, after hearing, a determination is made that the holder of the license has made a material misstatement in the application for the license or renewal, or that the holder of the license or the manager or other person in control of the licensed place where low-point beer is sold has violated any provision of Article IV of the City Code of Ordinances or of State Law insofar as it regulates the sale of low-point beer.
The proposed amendment provides that the City Clerk’s office, rather than the City Manager’s office, will set the hearing and arrange for notice to the licensee, manager, operator, partner, or other person having supervisory control of the premises of the place where low-point beer is shown. If the person cannot be located, the proposed ordinance allows notice to be sent by registered mail addressed to such person at the licensed premises. At the hearing, the licensee or any interested person may be present and present relevant and material evidence.
If the proper party determines that the licensee has violated the Ordinance, the license may be suspended or revoked. Importantly, the proposed amendment provides for appeal the decision to the City Council. The appeal must be filed with the Court Clerk’s office, as opposed to the City Manager’s office, within fourteen (14) days.
The proposed revisions should make the process more manageable and is similar to that presently utilized for abatement of nuisance violations. Staff has found that the nuisance abatement process, with a hearing officer and a right of appeal to work very well. Staff recommends that the Council preview the Ordinance and set it for adoption at the next meeting.
Cost: $0
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Acting Assistant City Manager-Administration
Police Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Preview Ordinance
Recommendation:
Preview the ordinance and set it for adoption at the next meeting