A. In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section, if the city manager finds that the licensee or his or her agents or employees has or have violated any of the provisions of this chapter; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location.
1. Upon a finding by the city manager of a first license violation within any five-year period, the license shall be suspended for 30 days.
2. Upon a finding by the city manager of a second license violation within any five-year period, the license shall be suspended for 90 days.
3. Upon a finding by the city manager of a third license violation within any five-year period, the license shall be revoked.
B. Notwithstanding section 5.138.110A, a license shall be revoked if the city manager finds that either one or both of the following conditions exist:
1. One or more of the bases for denial of a license under section 5.138.060A existed at the time application was made or at any time before the license issued.
2. The information contained in the license application, including supplemental information, if any, is found to be false in any material respect.
C. In the event the city manager suspends or revokes a license, written notice of the suspension or revocation shall be served upon the licensee within five days of the suspension or revocation in the manner prescribed in section 5.138.060D. The notice shall contain:
1. A brief statement of the specific grounds for such suspension or revocation;
2. A statement that the licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of section 5.138.120, to the city manager, within 10 calendar days of the date of service of the notice; and
3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.
D. A licensee for whom a license suspension is in effect, or whose license has been revoked, must cease all tobacco retailing and remove all tobacco products and tobacco paraphernalia from public view at the address that appears on the suspended or revoked license. (Ord. 2019-0012 § 6; Ord. 2010-021 § 5; Ord. 2004-013 § 1)