Kan. Admin. Regs. § 14-19-38 - Denial, revocation, or suspension of license upon request for hearing by governing body of city or county; request; evidence
(a) The governing body of a city or county
may request a hearing before the director to determine whether an application
for licensure or renewal shall be denied or whether a license issued under the
club and drinking establishment act shall be revoked or suspended.
(b) The request shall be submitted in writing
by the governing body, on city or county letterhead, to the director and shall
be accompanied by evidence that indicates reasonable cause exists to conduct a
hearing to deny, revoke, or suspend the license.
(c) The director shall review the evidence
presented and determine whether reasonable cause exists to conduct a hearing to
deny, revoke, or suspend the license. The director shall notify the governing
body of the date and time of the hearing, or denial of the request, in writing
as soon as reasonably possible.
(d)
The hearing and notices shall be in accordance with the Kansas administrative
procedures act (KAPA). The director shall consider the evidence presented by
the governing body and the licensee at the hearing and determine whether the
license shall be denied, revoked, or suspended.
(e) Evidence to be considered in determining
whether a license shall be denied, revoked, or suspended shall include the
following:
(1) A crime of violence has
occurred in, on, or about the premises, arising from conduct occurring within
the licensed premises.
(2) The
licensed premises and surrounding areas under relative control of the licensee
constitute an abnormal and unreasonable drain on public resources to secure the
safety of patrons, local residents, and businesses.
(3) The licensed premises, including
surrounding areas under relative control of the licensee, constitute a threat
to public health, safety, and welfare.
(4) The governing body has filed one or more
nuisance actions against the licensee or the licensed premises.
(5) The governing body or licensee has taken
all reasonable remedial steps regarding the situation.
(f) For purposes of this regulation, "crime
of violence" shall include arson, murder, manslaughter, rape or sexual assault,
armed robbery, assault, and battery, and an attempt to commit any of these
crimes.
Notes
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