(A) The Tobacco Commissioner may suspend or revoke any license issued under the provisions of this chapter, if the Commissioner determines that the licensee has violated any of the provisions of this chapter. The suspension of any license for failure to conform with the building or fire codes of the city shall continue so long as a violation of the building or fire code exists.
(B) In lieu of suspension or revocation of a license, the Mayor may instead levy a fine on the license. The fine imposed shall not be less than $100 nor shall it exceed $500 for each violation. Each day on which a violation continues shall constitute a separate violation.
(C) No such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the Mayor with a seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or by personal service.
(D) The Mayor shall, within seven days after such hearing, if he or she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reasons 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determination in a written order and either the amount of the fine, the period of suspension, or that the license has been revoked, and serve a copy of such order within the seven days upon the licensee.
(E) Any licensee determined by the Mayor to have violated any of the provisions of this chapter shall pay to the city costs of the hearing before the Mayor on such violation. The Mayor shall determine the costs incurred by the city for said hearing, including, but not limited to, court reporter fees, the costs of transcripts or records, attorney fees, the costs of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the city or such lesser sum as the Mayor may allow.
(F) The licensee shall pay said costs to the city within 30 days of notification of the costs by the Mayor. 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 the levy of a fine.
(G) When any license shall have been revoked for any cause, no license shall be granted to said licensee for the period of six months thereafter for the conduct of the business of selling tobacco products as defined in § 4-7-3(A) in the premises described in such revoked license.
(1974 Code, § 3-18-6) (Ord. 3-97-11, passed 3-25-1997)