A. Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 5.80.030 above.
1. Upon a finding by the Department of a first violation of this chapter at a location within any five-year (5) period, the license shall be suspended for thirty (30) days.
2. Upon a finding by the Department of a second violation of this chapter at a location within any five-year (5) period, the license shall be suspended for ninety (90) days.
3. Upon a finding by the Department of a third violation of this chapter at a location within any five-year (5) period, the license shall be suspended for one (1) year.
4. Upon a finding by the Department of four or more violations of this chapter at a location within any five-year (5) period, the license shall be revoked.
B. Appeal of Suspension or Revocation. A decision of the Department to suspend or revoke a license is appealable to the City Manager and any appeal must be filed in writing with City Manager's office within ten (10) days of mailing of the Department's decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the City Manager is not available for a revocation made pursuant to subsection (c) below.
C. Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.80.060 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application.
[Ord. No. 606, 12/11/19.]