(A) In addition to any other penalty authorized by law, a tobacco retailer’s license may be suspended or revoked if the city finds, after notice to the licensee and an opportunity to be heard, that the licensee or his or her agent or employee has violated the conditions of the license imposed pursuant to § 125.04 of this subchapter.
(1) Upon a finding by the city of a first license violation, the license shall be suspended for 30 days;
(2) Upon a finding by the city of a second license violation within a five-year period of the first violation, the license shall be suspended for 90 days;
(3) Upon a finding by the city of a third violation within a five-year period of the first violation, the license shall be revoked.
(B) A tobacco retailer’s license may be revoked if the city finds, after notice and an opportunity to be heard, that the information contained in the application, including supplemental information, if any, is found to be false in any material respect.
(C) A decision of the city to revoke or suspend a license is appealable to the City Manager, who may assign a designee to serve as hearing officer. An appeal shall stay all proceedings in furtherance of the appealed action. The decision of the City Manager shall be the final decision of the city.
(D) During a period of license suspension or revocation, the tobacco retailer must remove from public view all tobacco products and tobacco-related advertising.
(Ord. 585-C.S., passed 3-2-10) Penalty, see § 125.99