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<br />City of Centerville <br />Ordinance #13 (Liquor) <br />08/28/02 <br /> <br />Administrator also has the right to request a hearing before the <br />Council if he/she/they believe there exists substantial reason <br />making it appropriate to deviate from the presumptive penalty. If the <br />City Administrator and licensee agree on the presumptive penalty, <br />these will be reported to the City Council in a staff report. <br /> <br />C. Multiple Violations. At a licensee's first appearance before the <br />Council, the Council must act upon all of the violations that have <br />been alleged in the notice sent to the licensee. The Council in that <br />case must consider the presumptive penalty for each violation <br />under the first appearance column in subsection (8) above. The <br />occurrence of multiple violations is grounds for deviation from the <br />presumed penalties in the Council's discretion. <br /> <br />D. Subsequent Violations. Violations occurring after the notice of <br />hearing has been mailed, but prior to the hearing, must be treated <br />as a separate violation and dealt with as a second appearance <br />before the Council, unless the City Administrator and licensee <br />agree in writing to add the violation to. the first appearance. The <br />same procedure applies to a second, third, or fourth appearance <br />before the Council. <br /> <br />E. Subsequent Appearances. Upon a second, third, or fourth <br />appearance before the council by the same licensee, the Council <br />may impose the presumptive penalty for the violation or violations <br />giving rise to the subsequent appearance without regard to the <br />particular violation or violations that were the subject of the first or <br />prior appearance. However, the Council may consider the amount <br />of time elapsed between appearances as a basis for deviating from <br />the presumptive penalty imposed by this Section. <br /> <br />F. Computation of Violations. Multiple violations are computed by <br />checking the time period of the three years immediately prior to the <br />date of the most current violation. <br /> <br />G. Other Penalties. Nothing in this Section shall restrict or limit the <br />authority of the council to suspend up to sixty (60) days, revoke the <br />license, impose a civil fine not to exceed two thousand dollars <br />($2,000.00), to impose conditions, or take any other action in <br />accordance with law; provided, that the license holder has been <br />afforded an opportunity for a hearing in the manner provided in this <br />Chapter. <br /> <br />H. Notification. If a licensed establishment is cited for a violation of <br />this ordinance, the Chief of Police must provide a letter of <br />notification to the licensee and the City Council through the City <br />Administrator within 30 days after the violation occurred. <br /> <br />Regular Penalty Grid: <br /> <br />Page 160f17 <br />