Austin |
Code of Ordinances |
Title 4. BUSINESS REGULATION AND PERMIT REQUIREMENTS. |
Chapter 4-11. ESTABLISHMENTS NOT LICENSED BY THE TEXAS ALCOHOLIC BEVERAGE COMMISSION.* |
Article 2. PERMITS. |
§ 4-11-29. PERMIT SUSPENSION.
(A)
The director may suspend a permit issued under this chapter without prior notice or hearing if the director determines that:
(1)
the permit holder, the manager, or an employee of the BYOB venue has violated a requirement of this chapter;
(2)
the BYOB venue does not comply with this chapter; or
(3)
the permit holder does not qualify for a permit under this chapter.
(B)
If the director suspends a permit:
(1)
the director shall give written notice to the permit holder that:
(a)
the permit is immediately suspended on receipt of the notice; and
(b)
the permit holder may file a written request for a hearing not later than the 10th day after the date of receipt of notice of suspension; and
(2)
the permit holder shall immediately close the BYOB venue.
(C)
Suspension of a permit is effective on receipt of notice.
(D)
A permit holder may file with the director a written request for a hearing on a permit suspension. The request must be filed not later than the 10th day after the date of receipt of notice of suspension.
(E)
If a permit holder timely files a hearing request:
(1)
the director shall hold a hearing on the permit suspension not later than the 10th day after the date the hearing request is filed; and
(2)
a suspension is stayed pending the outcome of the hearing.
(F)
If a hearing request is not timely filed, a suspension continues in effect.
(G)
The director shall give written notice to the permit holder of a suspension that is continued in effect after a hearing under Subsection (E) or as prescribed by Subsection (F).
(H)
The director may reinstate a permit if the reason for suspension no longer exists.
Source: Ord. 20070809-061.