§ 48-17.1. Temporary injunctions against alcoholic beverage sales.
A. Any locality by or through its mayor, chief executive, or attorney maypetition a circuit court to temporarily enjoin the sale of alcohol at anyestablishment licensed by the Alcoholic Beverage Control Board. The basis forsuch petition shall be the operator of the establishment has allowed it tobecome a meeting place for persons committing serious criminal violations ofthe law on or immediately adjacent to the premises so frequent and serious asto be deemed a continuing threat to public safety, as represented in anaffidavit by the chief law-enforcement officer of the locality, supported byrecords of such criminal acts. The court shall, upon the presentation ofevidence at a hearing on the matter, grant a temporary injunction, withoutbond, enjoining the sale of alcohol at the establishment, if it appears tothe satisfaction of the court that the threat to public safety complained ofexists and is likely to continue if such injunction is not granted. The courthearing on the petition shall be held within 10 days of service upon therespondent. The respondent shall be served with notice of the time and placeof the hearing and copies of all documentary evidence to be relied upon bythe complainant at such hearing. Any injunction issued by the court shall bedissolved in the event the court later finds that the threat to public safetythat is the basis of the injunction has been abated by reason of a change ofownership, management, or business operations at the establishment, or otherchange in circumstance.
B. The Alcoholic Beverage Control Board shall be given notice of any hearingunder this section. In the event an injunction is granted, the AlcoholicBeverage Control Board shall initiate an investigation into the activities atthe establishment complained of and conduct an administrative hearing. Afterthe Alcoholic Beverage Control Board hearing and when a final determinationhas been issued by the Alcoholic Beverage Control Board, regardless ofdisposition, any injunction issued hereunder shall be null, without furtheraction by the complainant, respondent, or the court.
§ 48-17.1. Temporary injunctions against alcoholic beverage sales.
A. Any locality by or through its mayor, chief executive, or attorney maypetition a circuit court to temporarily enjoin the sale of alcohol at anyestablishment licensed by the Alcoholic Beverage Control Board. The basis forsuch petition shall be the operator of the establishment has allowed it tobecome a meeting place for persons committing serious criminal violations ofthe law on or immediately adjacent to the premises so frequent and serious asto be deemed a continuing threat to public safety, as represented in anaffidavit by the chief law-enforcement officer of the locality, supported byrecords of such criminal acts. The court shall, upon the presentation ofevidence at a hearing on the matter, grant a temporary injunction, withoutbond, enjoining the sale of alcohol at the establishment, if it appears tothe satisfaction of the court that the threat to public safety complained ofexists and is likely to continue if such injunction is not granted. The courthearing on the petition shall be held within 10 days of service upon therespondent. The respondent shall be served with notice of the time and placeof the hearing and copies of all documentary evidence to be relied upon bythe complainant at such hearing. Any injunction issued by the court shall bedissolved in the event the court later finds that the threat to public safetythat is the basis of the injunction has been abated by reason of a change ofownership, management, or business operations at the establishment, or otherchange in circumstance.
B. The Alcoholic Beverage Control Board shall be given notice of any hearingunder this section. In the event an injunction is granted, the AlcoholicBeverage Control Board shall initiate an investigation into the activities atthe establishment complained of and conduct an administrative hearing. Afterthe Alcoholic Beverage Control Board hearing and when a final determinationhas been issued by the Alcoholic Beverage Control Board, regardless ofdisposition, any injunction issued hereunder shall be null, without furtheraction by the complainant, respondent, or the court.
§ 48-17.1. Temporary injunctions against alcoholic beverage sales.
A. Any locality by or through its mayor, chief executive, or attorney maypetition a circuit court to temporarily enjoin the sale of alcohol at anyestablishment licensed by the Alcoholic Beverage Control Board. The basis forsuch petition shall be the operator of the establishment has allowed it tobecome a meeting place for persons committing serious criminal violations ofthe law on or immediately adjacent to the premises so frequent and serious asto be deemed a continuing threat to public safety, as represented in anaffidavit by the chief law-enforcement officer of the locality, supported byrecords of such criminal acts. The court shall, upon the presentation ofevidence at a hearing on the matter, grant a temporary injunction, withoutbond, enjoining the sale of alcohol at the establishment, if it appears tothe satisfaction of the court that the threat to public safety complained ofexists and is likely to continue if such injunction is not granted. The courthearing on the petition shall be held within 10 days of service upon therespondent. The respondent shall be served with notice of the time and placeof the hearing and copies of all documentary evidence to be relied upon bythe complainant at such hearing. Any injunction issued by the court shall bedissolved in the event the court later finds that the threat to public safetythat is the basis of the injunction has been abated by reason of a change ofownership, management, or business operations at the establishment, or otherchange in circumstance.
B. The Alcoholic Beverage Control Board shall be given notice of any hearingunder this section. In the event an injunction is granted, the AlcoholicBeverage Control Board shall initiate an investigation into the activities atthe establishment complained of and conduct an administrative hearing. Afterthe Alcoholic Beverage Control Board hearing and when a final determinationhas been issued by the Alcoholic Beverage Control Board, regardless ofdisposition, any injunction issued hereunder shall be null, without furtheraction by the complainant, respondent, or the court.
