(a) A licensee or any agent, employee, or representative of said licensee, convicted of violating Section 660.15 of the Codified Ordinances shall have said license subject to suspension after notice and an opportunity to be heard as follows:
(1) In the case of a first violation, the licensee shall be fined two hundred dollars ($200.00) and shall be notified in writing of penalties levied for further violations.
(2) In the case of the second violation in a two-year period, the licensee shall be fined five hundred dollars ($500.00) and the licensee shall be suspended for not less than 30 consecutive business days or more than three months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
(3) In the case of three or more violations within a two-year period, the licensee shall be fined one thousand dollars ($1,000) and the license shall be suspended not less than six months or more than 18 months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
(b) The Planning and Zoning Director or his or her designee shall initiate the enforcement of Section 820.11(a) against license holders, and the City Manager or his or her designee shall conduct hearings upon the license holder's request. A licensee must request a hearing with the City Manager within ten days of the notice of the action taken under division (a) of this section. Rulings made by the City Manager or his or her designee regarding the suspension of a license, after an adequate hearing, shall be final.
(Ord. 2001-38. Passed 5-15-01.)