A. In addition to any criminal or other penalty authorized by this Code and other applicable law, a tobacco retailer license may be suspended or revoked by the Committee on Permits and Licenses, as set forth herein, based on one or more of the following findings:
1. The tobacco retailer, or his or her agents or employees, has violated any provision of this Chapter, or any other local, state or federal tobacco-related law; or
2. The information contained in the application, including supplemental information, if any, is found to be false or misleading in any material respect; or
3. The tobacco retailer license was issued in error, or on the basis of false or misleading information supplied by the proprietor; or
4. The tobacco retailer license fee is unpaid; or
5. The tobacco retailer license has been transferred in violation of this Chapter.
B. Upon a finding of a first license violation, the tobacco retailer license shall be suspended for thirty (30) days; upon a finding of a second license violation within five (5) years of the first violation, the tobacco retailer license shall be suspended for ninety (90) days; and upon a finding of a third license violation within five (5) years of the first violation, the tobacco retailer license shall be revoked.
C. In addition to any criminal or other penalty authorized by this Code and other applicable law, an administrative fine may be imposed on a tobacco retailer for a violation of any provision of this Chapter, in accordance with the procedures set forth in §§ 11.01.600 et seq. of this Code.
D. The procedure used for appealing a revocation or suspension shall be in accordance with the procedures set forth in §§ 11.01.500, et seq. of this Code.
E. A tobacco retailer, whose license has been revoked, may not apply for a new tobacco retailer license for a period of five (5) years after the effective date of the revocation.
F. During any period of license suspension or revocation, the tobacco retailer must remove from public view all tobacco, tobacco products, tobacco paraphernalia, and tobacco-related advertising.
(Ord. No. 2009-006 § 1 (part))