§ 10-292A. License suspension and revocation.

(a)

In instances where the licensee has been demonstrated to be in violation of the provisions of this article V, and applicable state rules and regulations regarding victualers, and the violation poses a health threat to members of the public served under the victualer license, the health officer shall have the authority to suspend the license until such time as an inspection of the premises confirms that applicable standards have been met and there is no longer any threat to the public. Should the licensee wish to challenge the suspension imposed by the health officer, then the hearings process outlined in subsection (c) below shall be followed. The licensee shall notify the town clerk and/or town manager of their intention to challenge the suspension. During any period of suspension imposed under this provision or by the town council, after hearing, the operations under the license shall be suspended and no food served.

(b)

A victualer's license may be revoked by the town council after hearing held in accordance with subsection (c) below. Upon revocation of a license by the town council, all operations shall cease and no food may be served to the public.

(c)

Written notice of the hearing shall be served on the licensee or left at the licensed premises at least three days prior to the time and date set for hearing. The notice shall contain the date, time, and place for the hearing, and a brief explanation of the basis for the revocation or suspension hearing. At the hearing the licensee shall have the opportunity to be further advised as to the basis for the hearing and to present such evidence as the licensee may deem appropriate in defense of the basis for the revocation or suspension, and to be represented through counsel or otherwise, and to present witnesses and documentary evidence. If the town council are satisfied that the license is in violation of any codes, ordinances, rules or restrictions, they may revoke the license, may uphold or impose a suspension of license until corrective measures have been taken, or impose a conditional license for a period of time not to exceed six months, where there is no threat to the health of the public.

(d)

Where a victualer's license has been revoked, the licensee may apply in writing to the town for reinstatement of the license and such application shall be submitted to the municipal officers and treated as a new license application.

(T.M. of 5-18-2004, art. 48; T.M. of 12-4-2007, § 2007-214)