(a) The Department shall have authority to implement and enforce the provisions of this Chapter, and to promulgate rules and regulations to carry out the purpose and intent of this Ordinance in order to protect the public health, safety, and welfare. All licensed premises must be open to inspection by the Department inspectors or other authorized designees during regular business hours. The tobacco retail establishment shall be subject to two (2) compliance checks per year. The Department may enter at reasonable times to inspect or investigate and examine or copy records to determine compliance with this Chapter. The Department may apply for and any judge of a court of record may issue an appropriate search warrant necessary to achieve the purposes of this Chapter within the court's territorial jurisdiction. Compliance checks may also include the participation of a person at least eighteen (18) years of age, but under the age of twenty-one (21), to enter the licensed premises to attempt to purchase licensed products. Unannounced follow-up compliance checks of all non-compliant tobacco retail establishments are required within three (3) months of any violation of this chapter. The results of all compliance checks shall be published by the Department at least annually and made available to the public upon request.
(b) If the Department denies the issuance of a license, or suspends or revokes a license, or issues a citation with or without civil penalty for violating this chapter, the Department shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action and of the right to an appeal. Upon receipt of written notice of the denial, suspension, or revocation, the licensee subject to license denial or revocation or citation and civil fine shall have the right to appeal to the Department. An appeal must be filed within thirty (30) days after the receipt of notice of the decision. The appellant shall bear the burden of proof. The Department shall be the final, administrative decision maker.
(Ord. 04-25. Passed 9-7-04; Ord. 2023-22. Passed 9-5-23.)