Section V. Sanctions, Penalties and Enforcement
Sec. 6-7-501. Suspension and revocation of license.
(a) The following shall be grounds for suspension or revocation of the licensee’s license(s):
(1) A violation by a licensee or a licensee's officers, agents, or employees of any of the provisions of this Article, or any laws of the State of Colorado or ordinances of the Town of Telluride relating to the sale or furnishing of tobacco or cigarettes to minors, or the storage or display of cigarettes or tobacco products, including, without limitation C.R.S. § 18-13-121;
(2) Violations of any conditions imposed by the Town or Licensing Authority in connection with the issuance or renewal of the license;
(3) Failure to pay state or local taxes that are related to the operation of the business associated with the license;
(4) Loss of right to possession to the licensed premises;
(5) Fraud, misrepresentation or a false statement of material fact contained in the original or renewal license application.
(b) The Department shall commence suspension or revocation proceedings by petitioning the Licensing Authority to issue an order to the licensee to show cause why the license should not be suspended or revoked. The Licensing Authority shall issue such an order to show cause if the petition demonstrates that probable cause exists to determine that one (1) or more grounds exist pursuant to Subsection (a) of this Section to suspend or revoke the license. The order to show cause shall set the matter for a public hearing before the Licensing Authority.
(c) The Town Clerk shall give notice of the public hearing no later than thirty (30) days prior to the hearing by mailing the same in writing to the licensee at the address contained in the license application. At the hearing, the licensee shall have the opportunity to be heard, to present evidence and witnesses, and to cross examine witnesses presented by the Department. The Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing that the Licensing Authority is authorized to conduct. The standard of proof at such hearings shall be a preponderance of the evidence. The burden of proof shall be upon the Department.
(d) In determining whether a license should be suspended or revoked, and in determining whether to impose conditions in the event of a suspension, the Licensing Authority shall consider the following factors:
(1) The nature and circumstances of the violation;
(2) Corrective action, if any, taken by the licensee;
(3) Steps taken by the licensee before the violation occurred to prevent the violation from occurring;
(4) Whether the violation was committed or permitted by an employer, manager or employee;
(5) Prior violations, if any, by the licensee;
(6) The likelihood of recurrence of the violation;
(7) Whether the violation was willful;
(8) Previous sanctions, if any, imposed on the licensee.
(e) The Licensing Authority shall consider the following nonbinding guidelines in determining whether to suspend or revoke a license and, in the case of a suspension, the length of the suspension. The purpose of these guidelines to provide consistent treatment of violations of this Article. The actual sanction imposed upon a licensee for any violation may vary from the guidelines when warranted by the specific facts and circumstances of the case.
(1) For a first offense within a one (1) year period, suspension for seven (7) days.
(2) For a second offense within a one (1) year period, suspension for thirty (30) days.
(3) For a third or subsequent offense within a one (1) year period, revocation of the license. (Ord. 1499 §1 (Exh. A), 2020)