Unless otherwise provided herein, the provisions of this chapter may be enforced the West Hartford Police Department, by any official charged with the enforcement of the Town's Zoning Ordinances,[1] or by any member of the West Hartford-Bloomfield Health District. At all times while the premises are occupied, police and other enforcement officials, while on duty, must be admitted and granted access to the entire licensed premises, including the parking lot and other areas surrounding the building within which the establishment is located. No licensee or any employee thereof shall interfere with the official duties or activities of any such police or enforcement official in any way. No licensee or employee thereof shall harass, either verbally or physically, any police or other enforcement official while such police or other enforcement official is performing his or her official duties on or within the establishment or other areas surrounding the establishment.
[1]
Editor's Note: See Ch. 177, Zoning.
A. 
Each person who operates an establishment that provides entertainment without first having obtained a license as required by this chapter shall be fined $250 per day for each such violation. Each person or entity which would be required to be an applicant for a license shall be subject to the penalties described herein.
B. 
Penalties enumerated; delivery of letters, notices, and citations; hearing.
(1) 
Each licensee of any establishment found in violation of any of the restrictions specified in Article I of his chapter by any official authorized to enforce this chapter shall be subject to the following penalties in addition to the requirement that a police detail be implemented where applicable:
(a) 
First offense: letter of warning.
(b) 
Second offense within six calendar months of first offense: licensee shall be required to meet with the Chief of Police or his/her designee within five (5) days of receipt of the notice of violation to establish an abatement plan, and fine of $100.
(c) 
Third offense within six calendar months of second offense: license suspension of 15 days and fine of $150.
(d) 
Fourth offense within six calendar months of third offense: license suspension of 30 days and fine of $150.
(e) 
Fifth Offense within six calendar months of fourth offense: revocation of license and fine of $150. Licensee may reapply for a license no sooner than six months after the date of the violation.
(2) 
Each letter of warning, notice of license suspension and associated citation shall be hand delivered or sent by registered mail within 10 days of the violation. The penalties specified above shall only pertain to the provision of entertainment on the premises and shall be in addition to any assessments or penalties imposed pursuant to any other applicable provision of law. Any suspension or revocation under Subsection B(1)(c), (2) or (e) above shall be imposed within 72 hours of delivery of written notice of the proposed suspension or revocation to such licensee. The notice shall set forth the proposed grounds for the letter of warning, notice of violation, suspension or revocation and provide the licensee with an opportunity to request a hearing before the Chief of Police to show why the license should not be suspended or revoked. Any such request by the licensee shall be in writing and addressed to the Chief of Police and to the Town's Office of the Corporation Counsel and shall be delivered by hand or sent by mail no later than five days after the date of receipt of the notice. Any person who does not deliver or mail written demand for a hearing within such five-day period shall be deemed to have admitted liability. A request for a hearing shall stay commencement of the suspension until the hearing process is completed and a decision is rendered; provided, however, that such stay shall not extend beyond the 15th day following delivery of the notice of the proposed suspension unless the Chief of Police determines that extraordinary circumstances warrant such an extended stay. If the Chief of Police determines, following said hearing, that the license shall be suspended or revoked, he or she shall enter an order which shall set forth the date on which the suspension or revocation shall take effect, which date shall be no later than 15 days from the date of entry of the order.
C. 
Upon a determination by the Chief of Police that there is or has been a public safety threat to the employees or patrons of the establishment, the entertainment license of said establishment shall be immediately suspended upon delivery of written notice to the licensee. The notice shall set forth the grounds for the suspension and provide the licensee with an opportunity to request a meeting with the Chief of Police to show why the license should not be suspended. Any such request by the licensee shall be in writing and addressed to the Chief of Police and the Town's Office of the Corporation Counsel. The Chief of Police will schedule a meeting with the licensee within 24 hours to establish an abatement plan for the establishment.
D. 
Notice shall be posted at the main entrance of the establishment for the period of suspension or revocation of the establishment's entertainment license.
E. 
Each licensee who operates an establishment that provides entertainment after its license has been suspended or revoked shall be fined $250 per day for each such violation.
F. 
Any disc jockey performing at an establishment that either does not have an entertainment license or that has an entertainment license that has been suspended or revoked shall receive a written warning for the first violation and a fine of $250 for each subsequent violation.
G. 
Upon determination that a police detail is ordered pursuant to Article II of this chapter, failure of any permittee(s) or owner(s) to abide by the decision of the Chief of Police shall be punishable by way of a fine of $250 per day until a police detail is implemented or the Chief of Police determines that a police detail is not necessary, whichever occurs first.
H. 
Additional penalties for court enforcement. If any person violates any provision of this chapter, such person shall be liable to the Town for its costs and reasonable attorney's fees in any action in the courts of this state to enforce the requirements of this chapter.