§ 26-46. Violations and penalties.

(a)

Any establishment found in violation of any of the restrictions specified in this article by a Police Officer of the Danbury Police Department or other City official authorized to enforce this article shall be issued a citation of violation in accordance with sections 2-2 and 2-3 for the following penalties to the licensee:

(1)

First offense: letter of warning pursuant to section 2-2(c).

(2)

Second offense within twelve (12) calendar months of first offense: license suspension of fifteen (15) days.

(3)

Third offense within twelve (12) calendar months of second offense: license suspension of thirty (30) days.

(4)

Fourth offense within twelve (12) calendar months of third offense: revocation of license. The licensee may reapply for a license no sooner than six (6) months after the date of the violation.

The citation of violation shall be hand delivered or sent by registered mail within ten (10) days of the violation. The penalties specified above shall only pertain to the provision of entertainment on the premises and shall be in addition to any assessments or penalties imposed pursuant to section 2-2(b)(4) for violations of section 28-53(h). No suspension or revocation under subsections (a)(2), (3) or (4) of this section shall be imposed unless and until the licensee is provided with at least fifteen (15) days' prior written notice of the proposed suspension or revocation. The notice shall set forth the proposed grounds for the suspension or revocation and provide the licensee with an opportunity to request a hearing before a Citation Hearing Officer appointed pursuant to section 2-3(b) to show why the license should not be suspended or revoked. Any such request by the licensee shall be in writing and addressed to the official issuing the citation and to the City's Office of the Corporation Counsel and shall be delivered by hand or sent by mail no later than ten (10) days after the date of receipt of the notice. Any person who does not deliver or mail written demand for a hearing within such ten (10) day period shall be deemed to have admitted liability, and the issuing official shall certify such person's failure to respond to the Hearing Officer. The hearing shall be held in accordance with the procedures set forth in section 2-3(a). If the Hearing Officer determines that the license shall be suspended or revoked, he shall enter an order which shall set forth the date on which the suspension or revocation shall take effect, which shall be no later than fifteen (15) days from the date of entry of the order.

(b)

If any person violates any provision of this article by either failing to comply with the requirements of any license issued hereunder, or failing to apply for a license as may be required, such person shall be liable to the City for its costs and reasonable attorney's fees in any action in the State courts to enforce this article.

(Ord. No. 720, § 11-6(h), (i), 12-4-2012)