§ 5.04.220. Mandatory suspension or revocation.

A license or permit shall be suspended or revoked by the city council in accordance with the following:

A.

Sale to Minors or "Spiking." If any licensee, beer permittee, or employee of such licensee or permittee shall be convicted of a violation of Section 5.04.200, subsection E, or a retail beer permittee shall be convicted of a violation of subsection F of said section, the city shall, in addition to the other penalties fixed for such violations by this chapter, assess a penalty as follows:

1.

Upon a first conviction, the violator's liquor license, wine permit or beer permit shall be suspended for a period of fourteen days. However, if the conviction is for a violation of Iowa Code Section 123.49, subsection 2, paragraph "h," which occurred on or after January 1, 1988, the violator's liquor control license or wine or beer permit shall not be suspended, but the violator shall be assessed a civil penalty in the amount of three hundred dollars. Such a civil penalty shall be issued in writing by certified mail to the address of the violator. Such civil penalties shall be paid within thirty days of the date of mailing. Failure to pay the civil penalty will result in an automatic suspension of the license or permit for a period of fourteen days without hearing, and the written notice to the violator shall so state.

2.

Upon a second conviction within a period of two years, the violator's liquor control license or beer permit shall be suspended for a period of thirty days;

3.

Upon a third conviction within a period of five years, the violator's liquor control license or beer permit shall be suspended for a period of sixty days;

4.

Upon a fourth conviction within a period of five years, the violator's liquor control license or beer permit shall be revoked.

B.

Gambling, Solicitation, Disorderly Conduct, Use of Containers. If any liquor control licensee is convicted of any violation of Code of Iowa, 1977, Sec. 123.49 (2, a, d or e), or any beer permittee is convicted of a violation of subsection (2), paragraph "A" of said section, the liquor control license or beer permit shall be revoked and shall immediately be surrendered by the holder, and the bond of the license or permit holder shall be forfeited to the department.

(Ord. 843 §2, 1991; prior code §2.1-3.0221)