(A) In addition to any fine imposed by this Article, a Tobacco Retailer’s License shall be subject to suspension or revocation as hereinafter provided. No license shall be suspended or revoked until after notice and an opportunity to be heard has been afforded to the Licensee, unless the Licensee waives such right. The City Manager or his designee is hereby authorized to initiate enforcement against any Licensee who violates any provision of this Article, is authorized to receive complaints of violations from any citizen or from any law enforcing officer, is authorized to conduct hearings upon any complaint or allegation that the provisions to this Article have been violated by a Licensee and is authorized to impose additional fines as provided herein and to suspend or revoke the license issued under § 112.03 of this Article.
(B) In the event the hearing officer imposes a fine in addition to or in lieu of a suspension or revocation of a license, the fine shall be five hundred dollars ($500.00) for the first offense during a twelve month period and one thousand dollars ($1,000.00) for each additional violation during any twelve month period; in the event any fine is imposed by the hearing officer and said fine is not paid within ten days from date of imposition, then the license shall be revoked, after notice and hearing as provided herein. No Licensee whose license has been revoked nor any premises subject of a license which has been revoked shall be eligible to receive and hold a license for a period of 24 months after revocation of the license.
(C) All hearings before the City Manager or his designee shall be subject to the following procedures:
(1) The licensee shall be entitled to a three (3) day written notice of the hearing.
(2) Witnesses shall be sworn, but in all other respects hearings shall be informal and the strict rules of evidence shall not apply.
(3) A complete record of all evidence, testimony, and comments before the hearing officer shall be taken by a certified court reporter or certified shorthand reporter.
(4) Review of the proceedings before the hearing officer shall be limited to a review of the official record of the proceedings. No new or additional evidence shall be admitted or considered.
(5) Initial costs and hourly fees for the certified court or shorthand reporter’s attendance at the formal hearings before the hearing officer shall be paid by the City of Mt. Vernon; said costs and hourly fees shall be assessed against the Licensee if a fine, suspension or revocation is issued or imposed.
(6) All costs of preparing and transcribing an official record on administrative review shall be borne by the licensee requesting a review of the official proceedings and shall be paid prior to the preparation of the official record.
(D) The Licensee shall pay any costs imposed herein to the City within thirty (30) days of notification of the costs. Failure to pay said costs within thirty (30) days of notification is a violation of this Article and is cause for revocation of the license. In addition, such costs shall be an obligation due and owing to the City and may be collected and enforced in any manner permitted by law. In the event a civil action is filed in any court of competent jurisdiction, the Licensee shall pay the reasonable attorney’s fees and court costs incurred by the City.
(Prior Code, Art. 30, § 21)