LEGISLATIVE RESEARCH CENTER
File #: 16-526    Name:
Type: Preview Ordinance Status: Adoption
File created: 5/9/2016 In control: Broken Arrow City Council
On agenda: 5/17/2016 Final action:
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.
Attachments: 1. 05-17-2016 Chapter 4, Traffic, Article IV, Alcoholic Beverages, Section 4-96. – Alcoholic beverage license suspensions and revocations - PREVIEW.pdf
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.
End
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 allow...

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