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(A) Suspension, termination, or revocation of license for violation. In addition to any other penalty authorized by law, a tobacco and e-cigarette retailer's license may be suspended or revoked, if the Finance Department determines that the person or his or her agents or employees have violated the requirements of this chapter or other conditions of the license imposed pursuant to § 123.04. A person who loses his or her license for one location does not lose it for all locations, if those locations are in compliance with this chapter, and may renew licenses for other conforming locations. A person cannot obtain a new license for a new location so long as there is a suspension in effect for any location.
(1) Notice required. The licensee shall be served with written notice of all determinations or decisions under this section affecting his or her license. Notice shall be served by personal service, overnight courier, certified mail return receipt requested, or U.S. mail with first class postage affixed. The notice shall be sent to the business address on file. All notices shall be deemed served, when received, except for notices sent by first class mail which shall be deemed served two days after deposit in the U.S. mail if addressed to a location within Stanislaus County and five days if addressed to a location outside Stanislaus County. The notice shall describe the legal and factual basis for the decision. A decision imposing a line shall specify the amount of the fine. A decision to suspend or revoke a license shall specify the beginning and ending dates of the suspension or the effective date of the revocation. No decision shall become effective in less than ten days from the date of service.
(2) Duration of suspensions.
(a) Upon a finding by the Finance Department of a first license violation within any 36-month period, the license shall be suspended for 14 days. However, prior to imposing the suspension, the Finance Department shall by letter (an "advice letter") advise the person that if the person trains all sales employees at the location of the sale in the laws pertaining to the sale of tobacco and e-cigarette products to minors and techniques to ensure future compliance with said laws, the suspension will not go into effect. Within 30 days of the issuance of the advice letter, the person must file with the Finance Department an affidavit signed by the person and the sales employees that said training has been completed. If the person fails to timely submit the affidavit, the Finance Department shall notify the person that the permit is suspended for 14 days.
(b) Upon a finding by the Finance Department of a second license violation within any 36-month period, the license shall be suspended for 21 days.
(c) Upon a finding by the Finance Department of a third license violation within any 36-month period, the license shall be suspended for 30 days.
(d) Upon a finding by the Finance Department of a fourth license violation within any 36-month period, the license shall be revoked and the person or persons who had been issued the license shall not be issued a tobacco and e-cigarette retailer's license pursuant to this chapter for a period of three years from the date of revocation.
(B) Failure to pay renewal fees. A tobacco and e-cigarette retailer's license which is not timely renewed pursuant to § 123.03(C) is an expired license. The tobacco and e-cigarette retailer shall not engage in tobacco and e-cigarette retailing at the licensed location until a new license has been issued for that location.
(C) Revocation of license issued in error. A tobacco and e-cigarette retailer's license shall be revoked if the Finance Department determines that one or more of the basis for denial of a license under §§ 123.03 or 123.04 existed at the time application was made or at any time before the license was issued. The revocation shall be without prejudice to the filing of a new application for a license.
(D) License suspension requires the removal of all tobacco and e-cigarette products from public view. A tobacco and e-cigarette retailer whose license is suspended must remove from public view all tobacco and e-cigarette products and tobacco and e-cigarette advertising for the duration of the suspension. Failure to remove such items from view will be regarded as a violation of this chapter equivalent to that of selling to minors.
(E) Revocation of license obtained under false pretenses. Tobacco and e-cigarette retailers whose license is obtained under false pretenses shall have that license revoked. A licensee whose license is revoked pursuant to this section may not apply for a new license for a period of one year from the date the license is revoked.
(Ord. 2015-018, passed 11-24-15)