4-3-9: FINE IN LIEU OF SUSPENSION:
A. Whenever a decision of the liquor and marijuana licensing authority suspending a license or permit becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition the liquor and marijuana licensing authority for permission to pay a fine in lieu of the license or permit suspension for all or part of the suspension period. Upon the receipt of the petition, the liquor and marijuana licensing authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made that it deems desirable and may, in its sole discretion, grant the petition if it is satisfied that:
1. Public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;
2. The books and records of the licensee are kept in such a manner that the loss of sales of alcoholic beverages which the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy.
B. The fine accepted shall be equivalent to twenty percent (20%) of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension; except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).
C. Payment of any fine pursuant to the provisions of this section shall be in the form of cash, certified check or cashier's check made payable to the town clerk and shall be deposited in the general fund of the town.
D. Upon payment of the fine pursuant to this section, the liquor and marijuana licensing authority shall enter its further order permanently staying the imposition of the suspension.
E. In connection with any petition pursuant to this section, the authority of the liquor and marijuana licensing authority is limited to the granting of such stays as are necessary for it to complete its investigation and make its findings and, if it makes such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.
F. If the liquor and marijuana licensing authority does not make the findings required in subsection A of this section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the liquor and marijuana licensing authority. (Ord. 13, Series 2022)