A. Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the city, using city staff, or the Riverside County Hearing Officer, if so designated by the city manager per an agreement with the Riverside County Health and Human Services Department, finds, after the licensee is afforded notice, as described in Sections 1.04.120 through 1.04.130 of this code, and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions of prohibitions of this chapter or, in a different legal proceeding, has pleaded guilty, "no contest," or its equivalent, or admitted to a violation of any law designated in Section 5.24.080 of this chapter.
B. New License After Revocation.
1. After revocation for a first violation of this chapter at a location within any 60-month period, no new license may be issued for the location until ten days have passed from the date of revocation.
2. After revocation for a second violation of this chapter at a location within any 60-month period, no new license may be issued for the location until 30 days have passed from the date of revocation.
3. After revocation for a third violation of this chapter at a location within any 60-month period, no new license may be issued for the location until 90 days have passed from the date of revocation.
4. After revocation for a fourth or subsequent violation of this chapter at a location within any 60-month period, no new license may be issued for the location until five years have passed from the date of revocation.
C. Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded a reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.24.050 existed at the time application was made or at any time before the license was issued. The decision by the department shall be the final decision of the city. The revocation shall be without prejudice to the filing of a new license application.
(Ord. 365 § 11, 2006)