Sec. 6-3-310. Payment of fine in lieu of suspension.
(a) Whenever a decision of the Authority suspending a license for fourteen (14) days or less becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. Upon receipt of the petition, the Local Licensing Authority may, in its sole discretion, stay the proposed suspension and cause any investigation to be made which it deems desirable and may, in its sole discretion, grant the petition if it is satisfied:
(1) That the public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes;
(2) That the books and records of the licensee are kept in such a manner that the loss of sales of alcohol beverages that the licensee would have suffered had the suspension gone into effect can be determined with reasonable accuracy therefrom; and
(3) That the licensee has not had his or her license suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license.
(b) The fine accepted shall be the equivalent to twenty percent (20%) of the licensee’s estimated gross revenues from sales of alcohol beverages during the period of the proposed suspension; except that the fine shall be not less than or greater than the limits set forth in the state liquor laws.
(c) Payment of any fine pursuant to the provisions of this Section shall be in the form of cash, certified check or cashier’s check made payable to the Town.
(d) Upon payment of the fine pursuant to this Section, the Authority shall enter its further order permanently staying the imposition of the suspension. The Authority shall cause such moneys to be paid into the general fund of the Town.
(e) In connection with any petition pursuant to this Section, the Authority is limited to the granting of such stays as are necessary for it to complete its investigation and make such findings, to the granting of an order permanently staying the imposition of the entire suspension or that portion of the suspension not otherwise conditionally stayed.
(f) If the Authority does not make findings required in Subsection (a) of this Section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Local Licensing Authority.
(g) The Authority shall report all actions taken to impose fines, suspensions and revocations to the state licensing authority in a manner as required by the state licensing authority. (Ord. 1380 §2, 2022)