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The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. Nothing in this chapter prohibits the prosecution of criminal offenses under any applicable law. The department may enforce this chapter in a civil action, including administrative or judicial proceedings, civil code enforcement proceedings, and suits for injunctive relief.
(Ord. 11703, § 2, 10-22-19)
(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)
An application for a smoke shop license shall be filed by the owner of the smoke shop on forms provided by the revenue department. The information required at the time of application shall include but not be limited to the following:
(a) The name, address and signature of the owner of the smoke shop to be licensed.
(b) The address of the smoke shop to be licensed.
(c) A copy of the zoning compliance certificate issued by the zoning administrator of the smoke shop to be licensed.
(d) The owner of the smoke shop shall notify the city revenue department within thirty (30) days of any changes in the name or address of the owner.
(Ord. No. 12057, § 4, 11-14-23)
(a) Purpose. The purpose of these regulations is to differentiate hookah bars from other tobacco retail establishments, tobacco retail stores, and other tobacco smoking establishments due to their inherent differences in nature, function, and effect; and to establish additional minimum standards for the operation of hookah bars within the City of Tucson in order to minimize adverse effects on surrounding property and to protect, preserve, maintain and enhance the public's safety and health.
(b) Applicability. These regulations shall apply to all hookah bars as defined in this article. These regulations are in addition to the tobacco retail regulations that otherwise apply to hookah bars under state law and this article.
(c) Requirements. In addition to the requirements applicable to other tobacco retail establishments and tobacco retailers under this article, hookah bars shall also comply with the below:
(1) Hours of operation. A hookah bar shall not be permitted to operate between the hours of 12:00 a.m. and 7:00 a.m.
(2) Minors prohibited. No person under eighteen (18) years of age shall be permitted to enter, work at, or patronize a hookah bar.
(3) Alcoholic beverages prohibited. The sale and/or possession and/or consumption of alcoholic beverages shall not be permitted at any hookah bar.
(4) Intoxicated persons prohibited. Any person obviously under the influence of any intoxicating drug or beverage shall not be permitted to enter or remain in a hookah bar.
(d) Exemption. The provisions of this Section, including but not limited to the prohibited hours of operation, do not apply to any hookah bar that is separately licensed under Title 4 of the Arizona Revised Statutes regulating the sale of alcoholic beverages.
(e) Persons responsible. The persons responsible for compliance with the requirements of subsection (c) of this section include the person(s) licensed to operate the establishment as a tobacco retail establishment, whether or not that person(s) is present at the establishment at the time of the violation; and any employee of the establishment who is present at the time of the violation.
(f) Penalty. Any violation of the provisions of this section is a class 1 misdemeanor.
(Ord. No. 12133, § 2, 11-7-24, eff. 12-8-24)
Secs. 7-438—7-439. Reserved.
ARTICLE XX.
HOTELS*
HOTELS*
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* Editors Note: It should be noted that the provisions of this article shall become effective September 30, 1999.
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