§ 26.23. PROCEDURE FOR CONSIDERATION OF VIOLATIONS TO CONDITIONS IMPOSED ON DEEMED APPROVED OFF-SALE ALCOHOL USES.  


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  • In the event of a failure to comply with any prescribed condition imposed by the Hearing Officer or with any Performance Standard, at the request of the City Attorney, another administrative hearing may be set. Notification of this hearing shall be in accordance with Sections 26.1726.18.
    The purpose of this administrative hearing is to receive information and determine whether violations to any condition attached to the Deemed Approved Off-Sale Alcohol Use have occurred. The hearing shall be conducted as provided in Sections 26.1526.22. The Hearing Officer may add to or amend the existing conditions based upon the information presented; may impose additional administrative penalties, or, alternatively, if the previous conditions were imposed within the three years prior to the City Attorney's request for an administrative hearing, may revoke the Deemed Approved Use's Deemed Approved status and/or impose administrative penalties. The provisions of Section 26.22 concerning the Hearing Officer's written decision shall be followed. The decisions of the Hearing Officer shall become final in the same manner as provided for in Section 26.22.
    (Added by Ord. 43-06, File No. 051792, App. 3/10/2006)