(A) The President shall make all determinations with respect to revocation or suspension of any Tobacco Seller's License. The President may designate a person or persons to assist in the performance of these duties.
(B) Upon a determination made by the President that the licensee has violated any of the provisions of the chapter for a first time, the President may levy a fine on the licensee. The fine imposed shall not exceed $750 for each violation. Each day on which a violation continues constitutes a separate violation.
(C) For a second violation of this chapter occurring after conviction of a first within a 12-month period, the President shall suspend the license of the violator for up six months. For a third violation occurring after the second and within 12 months, the President shall suspend the license of the violator for not less than six months nor more than one year.
(D) However, no such licensee shall be so revoked or suspended and no licensee shall be administratively fined without an administrative hearing held by the President or the appointed designee. The licensee shall receive written notice by certified mail or personal service from the President at least seven days prior to the hearing so that said licensee may appear and defend against the charges or admit to said charges in writing and waive a right to an administrative hearing. Such admission and waiver must be in writing and submitted to the President.
(E) The President may designate an administrative hearing officer to conduct hearings on the alleged violations and to conduct revocation/suspension hearings.
(F) The President shall within seven days after such hearing, if he/she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension, or that the license has been revoked and serve a copy of such order within the seven days upon the licensee.
(G) Any licensee determined by the President to have violated any of the provisions of this chapter shall pay to the village the costs of the hearing before the President on such violation. The President shall determine the costs incurred by the village for said hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorney's fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the President may allow.
(H) The licensee shall pay said costs to the village within 30 days of the notification of the costs by the President. Failure to pay said costs within 30 days of notification is a violation of this chapter and may be cause for license suspension or revocation, or levy of a fine.
(Ord. 1019-99, passed 3-2-99)