§ 5.07.200. Disciplinary action procedures and penalties.

(a)

Where a licensee licensed under this chapter, or any person selling alcohol under the licensee's authority, is found guilty of selling an alcoholic beverage to a minor (RMC 8.16.090, or equivalent state statute) or of allowing a minor to remain on the premises where alcoholic beverages are served (RMC 5.07.030, or equivalent state statute), hereafter referred to as an "alcohol violation", the city may elect at its discretion to issue an administrative citation in lieu of pursuing a show cause hearing under RMC Chapter 4.04. The administrative citation shall 1) fine the licensee in the applicable amount; or 2) require the licensee to purchase age verification equipment for cash registers as set forth in section 5.07.200(d).

(b)

The business license division shall maintain a list of approved age verification equipment devices. Within ten business days of mailing the administrative citation, the licensee may seek approval by the business license division of other age verification equipment devices not on the city's list. The city manager or his designee shall approve or deny the request in writing within five business days of receipt of the request or the request will be deemed denied. Denial of the request shall be subject to appeal to the administrative hearing officer as provided in RMC 4.04.160 regarding grievances.

(c)

The licensee shall, within 30 calendar days after the administrative citation has been mailed to the licensee's address on file with the city, either 1) pay the fine or if required install approved age verification equipment devices; or 2) appeal the administrative citation pursuant to RMC 4.04.160 under the heading entitled fee dispute or other grievance. If the licensee fails to act timely as required herein, then the city may proceed with a show cause hearing and seek any remedy or penalty authorized by RMC Chapter 4.04 in addition to seeking enforcement of the administrative citation. Failure to act timely as required herein shall constitute additional good cause for suspension or revocation of the privileged license.

(d)

Administrative citation fines shall be in the following amounts:

(1)

First offense: For the first alcohol violation occurring within any 12-month period, regardless of the date of conviction, the business license division of the city may issue an administrative citation in the amount of $250.00.

(2)

Second offense: For the second alcohol violation occurring within any 12-month period, regardless of the date of conviction, the business license division of the city may issue an administrative citation in the amount of $500.00 or require the licensee to purchase age verification equipment for the cash register where the alcohol violation occurred or at the point of entry to the business.

(e)

Third offense: For the third alcohol violation occurring within any 12-month period, regardless of the date of conviction, a rebuttable presumption shall arise that good cause exists for a 30-day suspension of the alcoholic beverage license; provided, where the licensed business holds multiple alcoholic beverage licenses, the suspension would only apply to the add-on alcohol beverage license for the bar location where the third alcohol violation occurred. The 30-day suspension may be imposed by the business license division by mailing a notice of the suspension to the licensee's address on file with the business license division, along with copies of the three convictions. The 30-day suspension shall begin ten business days following the mailing of the notice of suspension, unless the licensee files an appeal to the administrative hearing officer in accordance with RMC 4.04.160 under the heading entitled fee dispute or other grievance. An appeal shall stay imposition of the suspension.

(f)

Nothing in this section shall prevent the city from pursuing other penalties for an alcohol violation in lieu of or in addition to these penalties.

(Ord. No. 6274, § 1, 1-16-13)