§ 46-5. Suspension and revocation of license.

A. 

Town Board's authority to revoke or suspend. Any license or permit issued hereunder may be suspended or revoked by the Town Board after a hearing upon notice, as set forth below, which establishes the requisite grounds in the discretion of the Town Board. No permit shall be suspended, except as provided in § 46-5D hereof, or revoked hereunder without a hearing thereon upon written notice to the permittee.

B. 

Grounds for suspension only. The Town Board shall be empowered to suspend a license or permit if the Licensee is indicted or charged, upon an information duly filed with public authorities, for or with the commission of any crime or offense until the Licensee is either convicted or acquitted.

C. 

Grounds for suspension or revocation. The Town Board, in its discretion, is empowered to either suspend or revoke a license or permit if the Licensee is:

(1) 

Convicted of any crime.

(2) 

Convicted of any violation of any:

(a) 

Provision of this chapter;

(b) 

Rule or regulation adopted under this chapter;

(c) 

Authority bylaw;

(d) 

Town ordinance;

(e) 

Ordinance or regulation of the state; or

(f) 

Ordinance or regulation of any municipality within the state.

(3) 

Guilty of making a false statement or misrepresentation in his application for any permit issued pursuant to this chapter.

D. 

Temporary suspension of license or permit pending a hearing. The Town Clerk, upon receiving information giving him reasonable cause to believe that any Licensee hereunder violated any provision of this chapter, has been convicted of any violation listed in § 46-5B or C, has been either indicted for or charged with any crime or offense or is guilty of having made a false statement or misrepresentation in his application for any license or permit issued hereunder, may forthwith temporarily suspend such license or permit until the Town Board is able to conduct a hearing.

E. 

Procedure for hearings.

(1) 

Timing. Whenever the Town Board holds a hearing to revoke or suspend a permit issued pursuant to this chapter, such hearing shall be held on a date and at a place and hour designated by the Town Board. Such designation must conform to the time limits established hereunder.

(2) 

Notice. A written notice of any hearing to be held by the Town Board for the revocation or suspension of any permit issued pursuant to this chapter shall be given to the permittee either in Person or by registered or certified mail. Any mailing shall be forwarded to the permittee's last known address and shall be postmarked not less than 10 nor more than 30 days prior to the hearing date. The notice shall advise the permittee of the date, place and time designated for the hearing and shall set forth specifically the grounds for complaint.

(3) 

Rights of the permittee. The permittee involved shall be entitled to:

(a) 

Be represented by legal counsel.

(b) 

Present competent and material testimony.

(c) 

Present any other competent and material evidence in his own behalf as may be relevant to the subject matter of the hearing.

(d) 

Speak on his own behalf.

(4) 

Unsworn testimony. There shall be no requirement of sworn testimony by any of the witnesses or the permittee.

F. 

Finality of Board determination. The findings of the Town Board at the hearing shall determine whether there are sufficient grounds for suspending a permit, pursuant to § 46-5B or C or for revoking a permit pursuant to § 46-5C. Where the findings establish sufficient grounds for suspension, the Town Board may suspend the permit. Where the findings establish sufficient grounds for either revocation or suspension, the Town Board, in its discretion, may suspend or revoke the permit. The Town Board, after such hearing, shall make such decision or determination as, in its opinion, ought to be made.