6-60. Grounds and procedure for denial, suspension or revocation., Division 2. Special Permit for Alcoholic Beverage Establishments, Article II. Music and Dancing and Other Entertainment, Chapter 6. Amusements and Entertainment, Subpt. a. General Ordinances, Code of Ordinances, Belfast

(a)

Generally. The City council may, after a public hearing preceded by notice to the licensee, suspend or revoke any special amusement permits which have been issued under this division on the grounds that the music, dancing, live sporting exhibitions or entertainment so permitted constitute a detriment to the public health, safety, or welfare, or violate any municipal ordinances, articles, bylaws, rules, or regulations, or the provisions of this division.

(b)

Additional grounds. In addition to the general standards for suspension or revocation as identified in subsection (a) of this section, a permit may be denied, suspended or revoked upon a determination of the existence of one or more of the following grounds:

(1)

The applicant has failed to fully complete the application forms, knowingly made an incorrect statement of a material nature on such a form, failed to supply any additional documentation required or reasonably necessary to determine whether such permit is issuable, or failed to pay any fee required under this division;

(2)

The permitted activity, or persons on the premises for purposes of participating in a permitted activity, or persons patronizing licensed premises, have caused one or more breaches of the peace;

(3)

There is a clear and immediate danger that a breach of the peace will occur if the permitted activity is permitted;

(4)

The permitted activity of persons patronizing the permitted premises will substantially adversely affect the peace and quiet of the neighborhood or a substantial portion thereof;

(5)

The permit licensee has violated any provision of this division in the conduct of the activity for which the permit has been applied for or has been issued;

(6)

There has been an occurrence of any event subsequent to issuance of the permit which would have been a basis for denial of the permit; this shall be grounds for revocation of the permit;

(7)

There has been an occurrence of obscene dancing or entertainment as described in section 6-51; or

(8)

The permit licensee has violated any of the exotic dancing regulations set forth in section 6-63, or the permit applicant has violated, within two years prior to the application for a special permit, any of the exotic dancing regulations set forth in section 6-63.

(c)

Hearing on suspension or revocation.

(1)

Except as expressly provided in this division, no permit to which this division applies may be revoked or suspended without prior notice to the licensee and after a hearing.

(2)

In the case of the suspension or revocation of a permit, a hearing shall be given to the licensee and a generalized statement of the nature of the complaint constituting the basis for the proposed action shall be included in the notice of hearing. Unexcused failure of a licensee to appear at the hearing shall be deemed a waiver of the rights to the hearing.

(3)

Upon a determination that immediate and irreparable harm will be suffered by the public prior to the time that a hearing on suspension or revocation of a permit can be scheduled and a finding of probable cause for suspension or revocation, the City council may suspend a permit pending hearing, effective upon the giving of actual notice to the licensee, provided that the City council shall give an opportunity to be heard as soon as practicable thereafter. At any hearing, the licensee shall be given the opportunity to answer the complaint and to present evidence. Any complainant shall also be notified of the hearing and given the opportunity to be heard.

(4)

All denials, suspensions or revocations shall be upon substantial evidence and hearings shall be conducted with substantial fairness and strict adherence to the rules of evidence shall not be required.