§ 10-242. Probationary period.

(a)

All new licensees and permittees are placed on a six month probationary period which begins after the license or permit has been issued on the first day the business is open to the public. In order to successfully complete the probationary period, the licensee or permittee must meet the following criteria:

(1)

A licensee or permittee under this chapter has at all times maintained an orderly place; and

(2)

A licensee or permittee or an employee, agent or servant of a licensee or permittee has not violated any of the provisions of this chapter; and

(3)

A licensee or permittee has not been found to have obtained their license or permit through materially false statements made through the application process for a license or permit; and

(4)

A licensee or permittee made a complete disclosure of all pertinent information during the application process for a license or permit; and

(5)

Nothing has occurred which would render the licensee or permittee or licensed premises ineligible or unsuitable for a license or permit under the provisions of this chapter.

If a licensee or permittee fails to successfully complete the probationary period, the licensee or permittee will be required to meet the consent requirement as outlined in section 10-214 of this chapter and the provisions outlined in section 10-215 will not apply. If a licensee or permittee fails to meet the consent requirement within the time frame specified in section 10-214 of this chapter, all licenses and permits issued under this chapter shall be revoked.

(b)

If any current retail licensee or permittee or employee of the licensee or permittee has been found by the director to have:

(1)

Obtained their license or permit or attempted to obtain a license or permit through materially false statements made through the application process for a license or permit; or

(2)

Caused a nuisance to or change in character of a residential area or the immediate area surrounding the premise; or

(3)

Allowed lewd and indecent conduct on or within the immediate vicinity of the licensed premises; or

(4)

Not at all times maintained an orderly place; or

(5)

Had occurrences which would render the licensee or permittee or licensed premises ineligible or unsuitable for a license or permit under the provisions of this chapter, however, multiple occurrences may arise from one incident;

The licensee or permittee may be placed on a six month probationary period. In order to successfully complete the probationary period, the licensee or permittee cannot have any violations of the criteria listed in this subsection. If a licensee or permittee fails to successfully complete the probationary period, the licensee or permittee will be required to meet the consent requirement as outlined in section 10-214 of this chapter and the provisions outlined in section 10-215 will not apply. If a licensee or permittee fails to meet the consent requirement within the time frame specified in section 10-214 of this chapter, all licenses and permits issued under this chapter shall be revoked.

(c)

Nothing in this section shall prevent the director from seeking an immediate suspension or revocation of any license or permit as provided in this chapter.

(Ord. No. 090726, § 2, 10-22-09)