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(A) Every license issued under this chapter is subject to suspension for 30 days or revocation should the licensee, directly or indirectly through its employee or agent, permit the sale of a tobacco product, electronic cigarette, or alternative nicotine product to persons under 21 years of age or to permit the display for sale of any tobacco product, electronic cigarette, or alternative nicotine product contrary to the provisions of this chapter. Upon determining that one or more grounds for suspension or revocation exist, the license may be suspended for 30 days or revoked by the Health Officer, after written notice to the licensee at the address set forth in the licensee’s application, which notice shall specify the ordinance violation with which the licensee is charged, if after a hearing the licensee is found to have committed, directly or indirectly, the offense.
(B) The hearing shall be conducted before the Health Officer. The licensee and his or her attorney may present and submit evidence to his or her defense and any other persons may submit evidence to sustain such grounds. Within 15 days after the close of the hearing, the Health Officer shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Health Officer shall be final and shall be subject to judicial review. Any licensee who is subject of a revocation shall be ineligible to apply for or obtain a tobacco retailer’s license for a period of one year from the date of license revocation.
(C) Board of Health hearing. When a license is suspended or revoked by the Health Officer, that person whose license was suspended or revoked may make a written request to the Health Officer for a hearing before the Board of Health Hearings Committee. The request for a hearing shall be made in accordance with §§ 176.15 through 176.17.
(1) Fees. A fee for a hearing request shall be in accordance with the current fee schedule adopted by the County Board as codified in § 178.01.
(1977 Code, § 2:1-18) (Ord. [Bd of Health Ord., Art. XVIII] passed 11-14-2000; Res. passed 2-10-2015; Ord. 17-0891, passed 9-12-2017; Ord. 20-0312, passed 3-10-2020)