(a) The director of the department, upon notification that grounds for suspension or revocation of a tobacco retail establishment's license by the department exist, shall file a written petition for suspension or revocation with the city court, requesting that time and place be set for a hearing and specifying the grounds for suspension or revocation per this article. Within five (5) days a magistrate, special magistrate or limited special magistrate shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition to suspend or revoke. The magistrate, special magistrate or limited special magistrate shall notify the parties in the manner provided in this article and shall state the grounds relied upon for the proposed suspension or revocation. Should the licensee fail to appear at the hearing, a default judgment of suspension or revocation shall be entered. A record shall be kept of all proceedings. No license shall be suspended or revoked unless grounds therefor are established by a preponderance of the evidence. The hearing shall be held in an informal manner as to the order of proceeding and presentation of evidence. The Arizona Rules of Evidence shall not apply. Any evidence offered shall be admitted subject to a determination by the magistrate, special magistrate, or limited special magistrate that the offered evidence is relevant and material and has some probative value as to a fact at issue. The magistrate, special magistrate or limited special magistrate shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (b) of this section. Suspension or revocation of a license shall be effected by the magistrate, special magistrate or limited special magistrate's signing of the written notice of the decision. A licensee's right to sell tobacco products under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of the signed decision suspending or revoking the license; except that the suspension or revocation may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to suspend or revoke is signed unless the decision is mailed, in which case the appeal must be filed no later than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of appeal. If an appeal is not timely made, the suspension or revocation becomes final.
(b) Notices required by this section shall be served by certified mail to the licensee's attorney or to the licensee at the address as shown on the tobacco retail license, or by personal service.
(Ord. No. 11703, § 2, 10-22-19)