(a) Any license issued or renewed pursuant to Section 739.03
shall be suspended or revoked by the Deputy Health Commissioner of the Warren City Board of Health as follows:
(1) Within a two-year period, should the licensee (or anyone acting in privity with the licensee) be twice convicted of and/or found guilty of violating Section 537.16
of the General Offenses Code and/or any provision of this chapter, the licensee’s license issued or renewed pursuant to Section 739.03
shall be suspended for thirty consecutive days.
(2) Within a two-year period, should the licensee (or anyone acting in privity with the licensee) be three times convicted of and/or found guilty of violating Section 537.16
of the General Offenses Code and/or any provision of this chapter, the licensee’s license issued or renewed pursuant to Section 739.03
shall be suspended for ninety consecutive days.
(3) Within a two-year period, should the licensee (or anyone acting in privity with the licensee) be four times convicted of and/or found guilty of violating Section 537.16
of the General Offenses Code and/or any provision of this chapter, the licensee’s license issued or renewed pursuant to Section 739.03
shall be revoked. Once a license is revoked, that licensee shall not be issued another license per Section 739.03
for at least two years thereafter.
(b) License suspensions and revocations pursuant to this section may be cumulative.
(c) During the period of any license suspension or revocation provided for within this section, no tobacco products shall be given, sold or otherwise distributed at the location which was the subject of the suspended or revoked license, and all tobacco products shall be removed from said location during that period of time.
(d) No suspension or revocation of any license may occur pursuant to this section without at least thirty days’ advance written notice thereof being given to the licensee by certified mail, and the licensee being given the opportunity to be heard. The licensee must request any such hearing, in writing, within ten days after being served with the aforementioned notice.
(e) Any decision made by the Deputy Health Commissioner pursuant to this section may be appealed to the Warren City Board of Health. Any decision thereafter made by the Board of Health shall be final.
(Ord. 11352/99. Passed 11-24-99.)