SEC. 11-381.  MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT.
   (A)   In addition to any other penalty authorized by law, a tobacco retailer permit may be suspended revoked by the collector, after notice and an opportunity to be heard as set forth in chapter 1, article V of this code, for failure of the permittee, or any of the permittee’s agents or employees, to comply with applicable local, State, or federal rules, regulations, or laws concerning tobacco retailing, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit.
   (B)   Any person, including a city officer or employee, may file with the collector a written request for revocation, suspension, or modification of a tobacco retailer permit, stating facts showing that the permittee, or any of the permittee’s agents or employees, failed to comply with applicable rules, laws, regulations, or permit conditions.
   (C)   If the request is filed by a city officer or employee on behalf of a city department, the request shall be accompanied by a written report, stating wherein the permittee, or any of the permittee’s agents or employees, has not complied with applicable rules, laws, regulations, or permit conditions and recommending that the tobacco retailer permit be revoked, suspended, or in what respect the permit should be modified.
   (D)   Based on the preponderance of the evidence, if the collector finds the tobacco retailer or any of the tobacco retailer’s employees or agents has violated any of the requirements, conditions, or prohibitions of this article, the collector may take the following actions:
      (1)   Upon a finding by the collector of a first violation of this article at a location within any five-year period, the permit may be suspended for up to 30 days.
      (2)   Upon a finding by the collector of a second violation of this article at a location within any five-year period, the license may be suspended for up to 90 days.
      (3)   Upon a finding by the collector of a third violation of this article at a location within any five-year period, the license may be suspended for up to one year.
      (4)   Upon a finding by the department of four or more violations of this article at a location within any five-year period, the license may be revoked.
(Ord. No. 2854, 2973)