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(a) A sign containing an advertisement for cigarettes or tobacco products may not be located closer than 1,000 feet to a school.
(b) The measurement of the distance between the sign containing an advertisement for cigarettes or tobacco products is from the nearest property line of the school to a point on a street or highway closest to the sign, along street lines and in direct lines across intersections.
(c) This section does not apply to a sign located on or in a facility owned or leased by a professional sports franchise or in a facility where professional sports events are held at least ten times during a 12- month period.
(d) A
SIGN in this section shall mean an outdoor medium, including a structure, display, light device, figure, painting, drawing, message, plaque, poster or billboard that is:
(1) Used to advertise or inform; or
(2) Visible from the main-traveled way of a street or highway.
(Ord. 17719, § 1, passed 8-21-2007)
(a) The public health department shall be primarily responsible for the implementation and enforcement of this chapter.
(b) A citizen may file a complaint with the public health department.
(c) Any owner, manager, operator or employer of any establishment regulated by this chapter must inform persons violating this chapter of the appropriate provisions thereof.
(d) The public health department shall investigate complaints and may issue warnings and citations to persons violating this chapter.
(Ord. 17719, § 1, passed 8-21-2007)
(a) Upon notice and a hearing, the city manager may suspend or revoke a permit or license issued by the city to the operator of a public place or place of employment where a violation of this chapter occurs.
(b) Prior to the revocation or suspension of a permit or license, the city manager or his or her designee shall set a hearing to determine if grounds exist to revoke or suspend a permit or license due to a violation of this chapter.
(c) The city manager or his or her designee shall act as the hearings officer.
(d) Written notice of the hearing shall be served on the petitioner/violator at least 15 business days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested.
(e) Notice shall specify the date, time and place of the hearing. The petitioner/violator must request the hearing be rescheduled within five business days of receiving the written notice if the petitioner/violator cannot attend the hearing at the originally scheduled time.
(f) For purposes of this section, the hearing officer shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(g) The hearing officer shall base the decision to revoke or suspend the permit or license on a preponderance of the evidence. The petitioner shall bear the burden of proof to show that the permit or license should not be revoked or suspended.
(h) After the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
(i) A hearing shall exhaust all administrative remedies of the petitioner/violator.
(Ord. 17719, § 1, passed 8-21-2007)