(A) In addition to any other remedy authorized by law, a tobacco retail license may be suspended or revoked as provided in this section if it is discovered that any of the following occurred:
(1) The licensee, or the licensee's agent(s) or employee(s), violated any provision of this chapter. Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location;
(2) The original or renewal application contained incomplete, inaccurate, false, or misleading information;
(3) One or more of the bases for denial listed in § 5.90.060 existed before the tobacco retail license was issued; or
(4) A licensee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco law or regulation, including any provision of this code.
(B) During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco paraphernalia from view, including from displays and behind counter storage areas, whether or not visible to the public. All tobacco products and tobacco paraphernalia must be placed in a room that is separate from the area where point of sale transactions occur, or removed from the tobacco retail location entirely. Failure to do so may be considered a subsequent violation.
(C) During any period of suspension or revocation, the tobacco retailer/licensee shall conspicuously post, at each point of sale register and near the entrance door of the tobacco retail location, a notice of a tobacco retail license suspension provided by the Department. The notice shall include the suspension or revocation period, reason for suspension or revocation, tobacco retailer/licensee and location information, and Department contact information to report violations.
(D) When the Director finds a violation as set forth in this chapter, the tobacco retail license may be suspended or revoked as follows:
(1) Upon finding by the Director of a first tobacco retail license violation within any five year period, the tobacco retail license may be suspended for up to 30 days;
(2) Upon a finding by the Director of a second tobacco retail license violation within any five year period, the tobacco retail license may be suspended for up to 90 days;
(3) Upon a finding by the Director of a third tobacco retail license violation in any five year period, the tobacco retail license may be suspended for up to 120 days; and
(4) Upon a finding by the Director of a fourth tobacco retail license violation within a five year period, the tobacco retail license shall be revoked.
(Ord. 4786, passed 5-10-21)