(A) Revocation of license for violation.
(1) In addition to any other penalty authorized by law, a tobacco retailer’s license may be revoked if the city or its designee finds, after the licensee is afforded notice and an opportunity to be heard as provided in Chapter 2.20 of this code or pursuant to substantially equivalent procedures delegated to the county, that the licensee, or any of the licensee’s agents or employees, has violated any of the requirements, conditions or prohibitions of this chapter or has otherwise admitted to a violation of this chapter.
(2) For a first or second alleged violation within any five-year period, and in order to avoid a hearing, the city or its designee is authorized to enter into a settlement with the proprietor without additional consent of the City Counsel, which settlement shall not be confidential and which shall contain the following minimum terms:
(a) After an alleged first license violation at a location within any 60-month period:
1. An agreement to stop acting as a tobacco retailer for at least one business day;
2. A administrative cost/ settlement payment to the city or its designee of at least $1,000; and
3. A stipulation that the alleged violation may be counted when considering what penalty will be assessed for any future violations.
(b) After an alleged second license violation at a location within any 60-month period:
1. An agreement to stop acting as a tobacco retailer for at least ten business days;
2. An administrative settlement payment to the city of at least $5,000; and
3. A stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
(B) New license after revocation for violation.
(1) After a first license violation at a location within any 60-month period, no new license may issue for the location until ten days have passed from the date of the last revocation or violation, whichever is later.
(2) After a second license violation at a location within any 60-month period, no new license may issue for the location until 30 days have passed from the date of the last revocation or violation, whichever is later.
(3) After of a third license violation at a location within any 60-month period, no new license may issue for the location until 90 days have passed from the date of the last revocation or violation, whichever is later.
(4) After four or more license violations at a location within any 60-month period, no new license may issue for the location until five years have passed from the date of the last revocation or violation, whichever is later.
(C) Revocation of license issued in error.
(1) A tobacco retailer’s license shall be revoked if the department finds, after notice and opportunity to be heard, that one or more of the basis for denial of a license under this chapter existed at the time application was made or at any time before the license issued.
(2) The revocation shall be without prejudice to the filing of a new application for a license.
(D) No contest plea. To the extent allowed by law, a plea of “no contest” or its equivalent by a tobacco retailer for a violation of any law designated in division (A) above shall operate as an admission that this chapter has been violated for the purposes of license revocation.
(Ord. 2009-65, passed - -2009)