§ 4-3. Revocation of special approval.

The village council shall give the holder of a special approval or special administrative approval at least 14 days' notice of any hearing to revoke said approval and has the authority to revoke an alcoholic beverage special approval or special administrative approval, or other approval upon any of the following grounds:

(1)

A determination that information contained in the application or supplemental information requested from the applicant was willfully false in any material detail.

(2)

Violation by the permit holder of any provision of this chapter, or any provision of the Miami Shores Code of Ordinances which results in the imposition of fines, or violation of any state statute which results in the revocation of the permit holder's state alcoholic beverage license by the state alcoholic beverage license board or any successor regulatory authority.

(3)

The premises where the alcoholic beverage establishment is or will be located is determined to not comply with applicable laws, including, but not limited to, building, health, zoning and fire codes and ordinances.

(4)

Repeated violation of any village ordinance at the location within the 12-month period preceding notice of the revocation hearing.

(5)

Willful violation by the permit holder of any condition imposed upon the issuance of the special exception or administrative approval.

(6)

Willful violation of any of the minimum standards of the special approval.

(7)

Willful failure to comply with any of the conditions of granting the special approval.

(8)

Failure to renew a state liquor license, or written declaration of abandonment by the tenant and owner of the premises if under lease, or by the owner himself if not under lease. An establishment which continually maintains (renews) its state liquor license, even though it has suspended active business with the public, shall not be deemed to have been abandoned for purposes of this subsection.

(9)

Revocation by the state of the state liquor license for the business.

(10)

Existence upon the premises of nuisances or criminal activities, including:

a.

Any condition or activity which is a "nuisance" or a "public nuisance" or which is specifically declared to constitute a nuisance or public nuisance by any statute of the State of Florida or by any ordinance of Miami Dade County or Miami Shores Village.

b.

The frequent gathering, or coming and going, of people who have intent to purchase or use controlled substances on the premises.

c.

The making or continuing, or causing to be made or continued, of any loud, unnecessary or unusual noise upon the premises which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.

d.

The occurrence of criminal activity at the location/premises which threatens the life, health, safety or welfare of the residents of the premises, neighbors or the public.

e.

A disproportionate need for law enforcement resources, as determined by the police department, based on police responses to the location (i.e. police reports, illegal activity on premises, calls for service, etc.) and a failure of the establishment to take reasonably requested corrective measures.

f.

The maintenance, use, rental or lease of the premise, or sub-unit thereof in a fashion where persons are allowed to congregate, gather or loiter in such a manner as to disturb the peace of other persons lawfully on the property itself or lawfully in the vicinity of the property.

g.

The use of the premises for the purpose of unlawfully selling, serving, storing, keeping, manufacturing or giving away any controlled substance, precursor, or analog as those terms are defined by state law.

(11)

Immediate revocation of approval. The village council has the authority to revoke an alcoholic beverage special administrative approval, special approval or other approval upon any of the following grounds: Conviction of the permit/approval holder, in any court of any violation of this chapter shall have the effect of automatically revoking the license of the person or entity convicted, and such revocation shall continue operative until said case is finally disposed of, and if the defendant is finally acquitted, he/she may apply for and receive a license hereunder, upon paying the regular license charge therefor.

( Ord. No. 710-15, § 2(Att.), 11-3-15 )