4-1-10-1: SUSPENSION OR REVOCATION OF LICENSES; PAYMENT OF FINE IN LIEU OF SUSPENSION:
A. A license issued pursuant to this chapter may be revoked by the officer after a hearing for the following reasons:
1. Fraud, misrepresentation or a false statement of material fact contained in the license application or any document submitted to the finance director pursuant to the finance director's administrative rules and regulations in connection with the application for a license;
2. Any violation of the provisions of this chapter; or
3. As to any person required to have a town sales tax license pursuant to title 3, chapter 1 of this Code, proof that such license has been revoked by the finance director in accordance with section 3-1-26 of this Code.
B. Notice of a hearing to be held pursuant to this chapter shall be given by the Hearing Officer in writing to the licensee at the address shown on the license application. Such notice shall be mailed postage prepaid, at least twenty (20) days prior to the date set for the hearing. At the hearing the licensee may appear with or without counsel and present such evidence as may be relevant.
C. Each day during any portion of which a licensee violates any provision of this chapter shall be considered to be a separate violation, and the licensee may be sanctioned accordingly.
D. In deciding what sanction to impose for a proven violation the hearing officer shall consider: (1) the nature and seriousness of the violation; (2) corrective action, if any, taken by the licensee; (3) prior violation(s), if any, at the licensed premises by the licensee and the effectiveness of prior corrective action, if any; (4) the likelihood of recurrence; (5) all circumstances surrounding the violation; and (6) whether the violation was willful. If the proven violation involves an accommodation unit license, the hearing officer shall additionally consider: (1) the length of time the license has been held by the licensee; (2) the number of violations by the licensee within the applicable twelve (12) month period; (3) the nature of all prior complaints against the licensee with respect to the operation of the licensed premises, including both resolved and unresolved complaints; (4) previous sanctions, if any, imposed against the licensee; and (5) other factors making the situation with respect to the licensee or the licensed premises unique. (Ord. 4, Series 2017; amd. Ord. 19, Series 2018; Ord. 30, Series 2019; Ord. 34, Series 2020; Ord. 35, Series 2021; Ord. 29, Series 2022)