§ 28-A §803 — Revocation or suspension procedure

1.
Violation of law or rule.
Upon discovering a violation of federal or state law, rule or regulation relating to liquor or an infraction of a rule adopted by the bureau, the director of the bureau, or the director's designee, shall:
2.
Notice and hearing.
Except as provided under subsection 6, upon receipt of a signed complaint prepared under subsection 1, paragraph A, notice must be provided and a hearing must be held according to the following procedures.
2-A.
Suspension or revocation decision.
3.
Suspension of penalty; place case on file.
After hearing, the District Court may:
4.
Application of suspension or revocation.
A suspension or revocation applies to premises and persons in the following manner.
5.
Term of suspension or revocation.
Except as provided by section 802, subsection 3, suspensions must be for a definite period of time. If the District Court revokes a license or certificate of approval, the District Court shall specify that the bureau may not issue a license or certificate of approval to the person whose license or certificate of approval is revoked for a period of not less than one year nor more than 5 years from the date of revocation.
6.
Warnings.
Upon the written recommendation of the director of the bureau, or the director's designee, the District Court, instead of notifying a licensee against which a complaint is pending to appear for hearing, may send the licensee a warning. Warnings must be sent by registered or certified mail and contain a copy of the complaint. A licensee to which a warning is sent may demand a hearing by notifying the District Court by registered or certified mail within 10 days from the date the warning was mailed.
7.
License or certificate of approval subsequent to violation.
If a violation by a licensee remains undiscovered during the one-year period of the license or certificate of approval or continues after the licensee's license or certificate of approval has been renewed, the license or certificate of approval issued for a new year subsequent to the violation may be suspended or revoked by the District Court.
8.
Fines.
Notwithstanding any provision of this Title to the contrary, the District Court may impose a fine of a specific sum on a licensee or the licensee's agent or employee, of not less than $50 nor more than $1,500, for any one offense. Such a fine may be imposed instead of or in addition to any suspension or revocation of a license or certificate of approval by the court.
9.
Offer in compromise.
Notwithstanding any provision of this Title to the contrary, the District Court may accept from a wholesale licensee or certificate of approval holder under this Title an offer in compromise in lieu of suspension of a wholesale license or certificate of approval suspended by the District Court.

Legislative History

PL 1987, c. 45, §A4 (NEW). PL 1987, c. 342, §§51-55 (AMD). PL 1997, c. 373, §§76-79 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 451, §§T12,13 (AMD). PL 2009, c. 199, §§7, 8 (AMD). PL 2011, c. 559, Pt. A, §31 (AMD). PL 2013, c. 476, Pt. A, §§22-24 (AMD). PL 2021, c. 658, §117 (AMD).