(A) Before a tobacco retail license is suspended or revoked, the Director shall provide written notice to the licensee. Said notice shall include the following:
(1) A statement that the proprietor's tobacco retail license is being suspended or revoked pursuant to this chapter;
(2) The code section violated by licensee or licensee's agents or employees;
(3) A description of the violation that occurred;
(4) The address of the business where the violation occurred; and
(5) The procedure for requesting an administrative review.
(B) A licensee served with a notice of suspension or revocation may request an administrative review to contest the suspension or revocation. The request must be made in writing and filed with the City Manager within ten calendar days of service of the notice of suspension or revocation. Failure to timely request an administrative review shall be deemed a waiver of the right to request such a review and a failure to exhaust administrative remedies.
(C) After receiving a timely administrative review request, the City Manager shall schedule an administrative review within 20 calendar days of receipt of the written request and designate a reviewing officer. The City Manager may appoint as a reviewing officer, any Department or other city employee who is not directly involved in inspection or enforcement of tobacco retailing establishments.
(D) The proprietor shall be given written notice of the date, time, and location of the administrative review and the name of the reviewing officer who will conduct the administrative review at least ten calendar days in advance of the review.
(E) The reviewing officer, in their discretion, may grant a reasonable continuance upon the written request and showing of good cause.
(F) At the administrative review, the Department has the burden of providing by a preponderance of the evidence that the alleged violation occurred.
(G) The failure to appear at the administrative review shall constitute an abandonment of the review request and a failure to exhaust administrative remedies.
(H) Within ten calendar days after the close of the administrative review, the reviewing officer shall issue a written decision on the suspension or revocation of the tobacco retail license, including a statement of the basis for the decision. The reviewing officer's written decision shall constitute the final administrative decision of the city.
(I) If the Director revokes a tobacco retail license, no new tobacco retail license may be issued for five years after that revocation.
(Ord. 4786, passed 5-10-21)