Title 5 - Business Licenses and Regulations

5.22 Common consumption areas

 

 

5.22.070 Suspension by Chief of Police.

  1. A.

    The Chief of Police, upon 5 days written notice, shall have the authority to suspend the CCA permit for a period of not to exceed 30 days for any of the reasons set forth in Section 5.22.060, which reason does not, in the judgment of the Chief of Police, justify a recommendation of revocation. The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

  2. B.

    The Chief of Police, upon 5 days written notice, shall have the authority to suspend the CCA permit if the CCA permit holder, the CCA permit holder’s manager, employee, or agent, or any person under the direction and control of the CCA permit holder has committed a violation of OPMC Chapter 7.08 (noise). Within any 2-year period of time, upon a first violation of said chapter, the Chief of Police shall issue a written warning to the CCA permit holder; upon a second violation, shall suspend the CCA permit for a period of not more than 5 days when consumption is designated to occur; upon a third violation, shall suspend or recommend to the Governing Body revocation of the CCA permit. The Chief of Police shall notify the City Manager and City Clerk prior to making a suspension hereunder.

  3. C.

    The CCA permit holder may appeal an order of suspension pursuant to this Section by filing with the City Clerk a written notice of appeal to the Governing Body within 7 days of the suspension by the Chief of Police. The notice of appeal shall specify:

    1. 1.

      The name and address of the appellant;

    2. 2.

      The date of the suspension of the CCA permit; and

    3. 3.

      The factual basis for the appeal.

Upon receipt of a complete and timely filed notice of appeal, the City Clerk shall schedule a hearing before the Governing Body, no later than 30 days from the date of the filing of the notice of appeal. Any appeal shall stay the suspension of the CCA permit until the matter is heard by the Governing Body. The Governing Body may approve or overrule the suspension of a CCA permit or may modify the decision to suspend a CCA permit. In any hearing before the Governing Body pursuant to this Section, a certified copy of a conviction from any local, state, or federal court for any violation is prima facie evidence of such violation.

  1. D.

    The Governing Body's decision may be appealed to the Johnson County District Court of the State of Kansas pursuant to K.S.A. 60-2101 and amendments thereto. Any such appeal to the District Court shall not stay the suspension or any modification imposed thereupon by the Governing Body.

 

(History: Ord. ABC-3215 §8, 2018)

Effective on: 1/1/1901