§ 10-70. Suspension or revocation.

(a)

The city manager may, after giving the licensee a reasonable opportunity to be heard in accordance with section 2-171 et seq., suspend or revoke any license granted pursuant to this article upon a finding of any of the following factors:

(1)

That any of the amusement devices maintained upon the premises are being used for gambling purposes.

(2)

That repeated disturbances of public peace, involving patrons, employees or the holder of the license of the establishment, have been occurring within the licensed establishment or upon any parking areas, sidewalks, walkways, accessways or grounds immediately adjacent to the licensed premises.

(3)

That the holder of the license or any employees thereof are illegally offering for sale, or illegally allowing to be consumed upon the licensed premises, or upon any parking areas, sidewalks, walkways, accessways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs.

(4)

That the holder of the license or an approved manager is not upon the licensed premises at all times.

(5)

That the use of the amusement devices in the licensed establishment occurs during the hours when such operation is prohibited pursuant to section 10-32.

(6)

That malt, vinous or spirituous beverages or fermented malt beverages are being consumed by the patrons of the licensed establishment upon any parking areas, sidewalks, walkways, accessways or grounds immediately adjacent to the licensed premises.

(7)

That malt, vinous or spirituous beverages are being consumed by patrons of the licensed establishment upon the licensed premises unless:

a.

The only alcoholic beverages being consumed are malt and vinous beverages as defined by the Colorado Liquor Code; and

b.

Not less than 50 percent of the weekly gross receipts of said licensed establishment are derived from the sale of food and nonalcoholic beverages; and

c.

The sale of malt and vinous beverages does not exceed 20 percent of the weekly gross receipts of the licensed establishment; and

d.

Malt or vinous beverages are not sold, served, brought to or consumed in any room or area in which amusement devices are located.

(8)

That a person under the age of 19 years is a manager of the licensed establishment.

(9)

That the holder of the license, or his agent, manager, or employee has been found guilty of, pleaded guilty to, pleaded no contest to, or entered into a plea bargain related to a violation of section 10-35.

(b)

Nothing in this article shall prohibit the city from taking any other enforcement action provided for by this Code or the laws of the state or of the United States.

(Code 1960, § 5-8; Code 1981, § 5-30; Ord. No. 1690, § 1, 9-2-1980; Ord. No. 1903, § 9, 1-17-1983; Ord. No. 3479, § 2, 8-31-1998)