§ 236 - Suspension or revocation of license or permit; administrative penalty - Vermont Statutes

§ 236. Suspension or revocation of license or permit; administrative penalty

(a) The control commissioners or the liquor control board shall have power to suspend or revoke any permit or license granted pursuant to this title in the event the person holding such permit or license shall at any time during the term thereof so conduct his or her business as to be in violation of this title, the conditions pursuant to which such permit or license was granted or of any rule or regulation prescribed by the liquor control board. No revocation shall be made until the permittee or licensee shall be notified and be given a hearing before the liquor control board, unless such permittee or licensee shall have been convicted by a court of competent jurisdiction of violating the provisions of this title. In the case of a suspension, the permittee or licensee shall be notified and given a hearing before the liquor control board or the local governing body, whichever applies. A tobacco license may not be suspended or revoked for a first-time violation. Suspension or revocation of a tobacco license shall not affect any liquor license held by the licensee.

(b) As an alternative to and in lieu of the authority to suspend or revoke any permit or license, the liquor control board shall also have the power to impose an administrative penalty of up to $2,500.00 per violation against a holder of a wholesale dealer's license or a holder of a first, second or third class license for a violation of the conditions under which the license was issued or of this title or of any rule or regulation adopted by the board. The administrative penalty may be imposed after a hearing before the board or after the licensee has been convicted by a court of competent jurisdiction of violating the provisions of this title. The board may also impose an administrative penalty under this subsection against a holder of a tobacco license for up to $100.00 for a first violation and up to $1,000.00 for subsequent violations. For the first violation during a tobacco or alcohol compliance check during any three-year period, a licensee shall receive a warning and be required to attend a department server training class.

(c) For suspension or revocation proceedings involving a tobacco license or the imposition of an administrative penalty against a tobacco licensee under this section, the commissioner, a board member designated by the chair, or a hearing officer designated by the chair pursuant to section 236a of this title may conduct the hearing and render a decision.

(d) The board shall subpoena any person in this state to appear for a hearing or for a deposition in the same manner as prescribed for judicial procedures. Sheriffs and witnesses shall receive the same fees for the service of process and attendance before the board as are paid in superior court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1989, No. 197 (Adj. Sess.); 1991, No. 70, § 3, eff. May 1, 1992; 1993, No. 11, § 1, eff. April 27, 1993; 1997, No. 58, § 7; 2001, No. 147 (Adj. Sess.), § 1, eff. June 21, 2002.)