§ 10-93. Suspension and revocation.

(a)

The county administrator or his designee, subject to a right of appeal to the board of county commissioners, is authorized to suspend or revoke a license issued under this division when he determines, upon sufficient cause that:

(1)

For a charitable organization, associational group or organization or authorized organization, the charitable organization, associational group or organization or authorized organization:

a.

Or its representatives or its principal officers, servants, employees, members or volunteers, while conducting or assisting in the conduct of a bingo or instant bingo game, gave, offered or distributed any service or thing of value to encourage or entice participation in the play of any bingo or instant bingo game, contrary to subsection 10-62(2).

b.

Permitted its name to be used in connection with a bingo or instant bingo game that is conducted by any other person, contrary to section 10-64, or acquiesced in such use.

c.

Permitted its representative to conduct a bingo or instant bingo game on its behalf, contrary to any of the conditions of play stated in section 10-62, or acquiesced in such conduct.

d.

Required or permitted any person or volunteer who has not been an active member of the charitable organization, authorized organization or associational group or organization for a period of at least 30 days and who has participated in other meaningful activities of the organization other than bingo or instant bingo prior to this appointment or designation to act or serve as its representative or to conduct bingo or instant bingo.

e.

Offered, paid or gave any salary, compensation, tip or reward in any form whatsoever, directly or indirectly, to any person or volunteer conducting or assisting in the conduct of bingo or instant bingo.

f.

Failed or refused to maintain the records or make the reports required by this article or by the sheriff pursuant to this article.

g.

Failed or refused to make records available on demand by the sheriff or his authorized representative as provided by subsection 10-64(c).

h.

Failed or refused to deposit the proceeds derived from the conduct of bingo or instant bingo into a separate bank account as required by subsection 10-64(b).

i.

Its representative or its principal officers, servants, employees, volunteers or members violated any rule of the county administrator or his designee made pursuant to the authority granted in section 10-54.

(2)

For a lessor, the lessor:

a.

Conducted, assisted or participated in the conduct of bingo or instant bingo or rendered any service or offered, distributed or gave anything of value to anyone conducting, assisting or participating in the conduct of bingo or instant bingo or to any member or volunteer of a licensed charitable organization, authorized organization or associational group or organization contrary to subsection 10-65(b).

b.

Permitted any premises owned or controlled by the lessor to be used for the conduct of bingo or instant bingo contrary to any of the conditions stated in section 10-68.

c.

Failed or refused to maintain the records or to make the reports required by this article or by the sheriff pursuant to this article.

d.

Failed or refused to make records available on demand by the sheriff or his authorized representative as provided by subsection 10-65(d).

e.

Or its principal officers, servants, employees or agents violated any rule of the county administrator or his designee made pursuant to the authority granted in section 10-54.

(b)

Before the county administrator or his designee suspends or revokes a license, he shall furnish the charitable organization, authorized organization, associational group or organization or lessor a written statement, by certified or registered mail or by personal service, of the cause for the suspension or revocation. The charitable organization, authorized organization, associational group or organization or lessor shall have 20 days from the date of the statement in which to request in writing a hearing on the matter. If no request is made within this time, the county administrator or his designee shall proceed to suspend or revoke the license without further proceedings. If a hearing is requested, the charitable organization, authorized organization, associational group or organization or lessor shall be entitled to produce witnesses, cross examine witnesses and be represented by counsel. After the hearing, the county administrator or his designee shall make the decision and notify the charitable organization, authorized organization, associational group or organization or lessor thereof by certified or registered mail or by personal delivery.

(c)

In his order suspending or revoking a license, the county administrator or his designee may withhold the suspension or revocation of a license or may condition the early termination of the period of suspension or the reinstatement of a revoked license, upon terms the county administrator or his designee in his discretion deems appropriate to implement the intent stated in section 10-53; however, such action by the county administrator or his designee shall be one that is consistent with section 10-94.

(d)

The order of the county administrator or his designee suspending or revoking a license may be appealed to the board of county commissioners. Such appeal shall be initiated by the filing of a notice of appeal within 30 days of the date of the order. Such appeal shall be limited to the record made during the course of the hearing before the county administrator or his designee. An order suspending or revoking a license where no hearing was requested shall not be subject to the appeal granted in this subsection.

(Code 1970, § 16½-95; Ord. No. 92-15, § 15, 10-27-92; Ord. No. 93-12, § 2, 4-20-93; Ord. No. 95-12, § 4, 8-22-95; Ord. No. 06-07, § 6, 2-28-06; Ord. No. 08-40, § 1, 9-23-08)