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(A) In addition to any other penalty authorized by law, a tobacco retailer permit may be suspended or revoked by the collector, after notice and an opportunity to be heard as set forth in chapter l, 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, 3031)
(A) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the collector finds based on a preponderance of evidence, after notice and an opportunity to be heard as set forth in chapter 1, article V of this code, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer permit, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailing permit as follows:
(1) After a first violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until 30 days have passed from the date of the violation.
(2) After a second violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until 90 days have passed from the date of violation.
(3) After a third or subsequent violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until one year has passed from the date of the violation.
(B) Tobacco products offered for sale or exchange in violation of this section are subject to seizure by the collector or any peace officer and shall be forfeited after the permittee and any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate, as set forth in article V of chapter 1 of this code, that the tobacco products were not offered for sale or exchange in violation of this article. Forfeited tobacco products and shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to Cal. Code of Civil Procedure, Section 1094.6 or other applicable law has expired without the filing of a lawsuit, or if such a suit is final, after judgment in that suit becomes final.
(C) For the purposes of the civil remedies provided in this article:
(1) Each day on which a tobacco product is offered for sale in violation of this article shall constitute a separate violation of this article; and
(2) Each individual retail tobacco product and each individual retail item that is distributed, sold, or offered for sale in violation of this article shall constitute a separate violation of this article.
(Ord. No. 2854, 2973)
(A) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
(B) Whenever evidence of a violation of this article is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(C) Violations of this article are hereby declared to be public nuisances.
(D) In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(Ord. No. 2854, 2973)
ARTICLE XV. RESERVED
Editor’s note:
Article XV, consisting of sections 11-390 through 11-403 was repealed by section 3 of Ord. 2994, passed 12-15-2020. This article related to medical cannabis delivery and was derived from Ord. No. 2937.
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