(a) Administrative actions to impose sanctions against a licensee may be initiated only by complaint filed by the Town or by the Authority on its own motion.
(b) The Authority shall review the complaint ex parte and determine whether the complaint and any documents or exhibits submitted therewith show probable cause to believe that grounds for sanctions exist. If the Authority finds that the complaint along with any documents or exhibits submitted therewith do not show probable cause to believe that a violation of this Article, state law, or state regulations has occurred, the Authority shall dismiss the complaint without prejudice to refile the complaint with additional information showing probable cause. If the Authority finds that the complaint along with the documents or exhibits submitted therewith show probable cause to believe that a violation of this Article, state law, or state regulations has occurred, the Authority shall issue an order to show cause to the licensee requiring the licensee to appear before the Authority on a specific date and at a specific time to answer the complaint.
(c) Sanctions may be imposed in a hearing for sanctions, renewal, denial, or for approval of major changes, but the Town or Authority shall place the licensee on notice that sanctions may be sought and the grounds for the same by filing a complaint and obtaining an order to show cause from the Authority.
(d) The Authority may impose sanctions against a licensee based on any of the grounds stated in Section 6-5-309 of this Code, as amended.
(e) In the event that a license expires while proceedings for sanctions are pending, the license may be temporarily extended until the Authority’s final decision. The licensee shall pay a license extension fee for each thirty (30) day period or portion thereof that the license is temporarily extended. If the fee is not paid, the license shall expire. After the Authority renders its final decision, the licensee shall submit an application for renewal within fifteen (15) days of the Authority’s final decision.
(f) A licensee shall have no right to surrender its license while an investigation, complaint, or proceeding for sanctions is pending, but the Authority may permit the same if the Town consents to the surrender.
(g) No complaint or action for the sanctions provided in this Article shall be instituted or based upon any conduct or omission by a licensee, principal, registered manager or employee that occurred more than three (3) years before the complaint for sanctions was filed, but such conduct or omissions may be admitted in evidence if relevant to other violations that have occurred within the three (3) year limitation period. (Ord. 1348, 2011; Ord. 1463 §4, 2018)