(a) A licensee, or any agent, employee, or representative of said licensee, convicted of violating Section 531.01 of the Codified Ordinances of the City of Garfield Heights shall have said license subject to suspension after notice and an opportunity to be heard as follows:
(1) In the case of a first violation, the licensee shall be fined two hundred dollars ($200.00) and shall be notified in writing of penalties levied for further violations.
(2) In the case of the second violation in a two-year period, the licensee shall be fined five hundred dollars ($500.00) and the license shall be suspended for not less than thirty (30) consecutive business days or more than three (3) months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
(3) In the case of three or more violations within a two-year period, the licensee shall be fined one thousand dollars ($ 1,000.00) and the license shall be suspended not less than six (6) months or more than eighteen (18) months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
(b) The Building Commissioner or his designee shall initiate the enforcement of Section 765.11 (a) against license holders, and shall conduct hearings upon the license holder's request. A licensee must request a hearing with the Building Commissioner within ten (10) days of the notice taken under subsection (a). Rulings made by the Building Commissioner or his designee regarding the suspension of a license, after an adequate hearing, shall be final.
(Ord. 14-2002. Passed 2-25-02.)