A. Violations: The Village Manager may suspend or revoke any license issued under the provisions of this chapter, if he determines that the licensee has violated any of the provisions of this chapter or the provisions of title 6, chapter 5, "Minors", of this Code. In lieu of suspension or revocation of a license or in addition to such penalties, the Village Manager may levy a fine on the licensee. The fine imposed shall not exceed seven hundred fifty dollars ($750.00) for each violation. Each day on which a violation continues shall constitute a separate violation. Penalties imposed shall include, but do not have to be limited to, the following:
1. For a first violation, an administrative penalty of not less than two hundred fifty dollars ($250.00);
2. For a second violation, occurring after a final determination of liability for a first violation, and within a twelve (12) month period of the first violation, an administrative penalty of not less than five hundred dollars ($500.00) and a suspension of the license of the retail tobacco dealer for thirty (30) days; and
3. For a third violation, occurring after a final determination of liability for a second violation and within a twelve (12) month period of the second violation, an administrative penalty of seven hundred fifty dollars ($750.00) and a revocation of the license of the retail tobacco dealer for one year.
B. Public Hearing: No such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the Village Manager conducted only after seven (7) days' prior written notice has been served on the licensee. The notice shall advise the licensee of his or her opportunity to appear and defend against the charges contained in such notice. The calculation of the seven (7) day notice period shall begin the day following delivery by certified mail or by personal service.
C. Written Order: The Village Manager shall within seven (7) days after such hearing, if he determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and further state the amount of the fine, the period of suspension or that the license has been revoked and serve a copy of such order within seven (7) days upon the licensee.
D. Costs Of Hearing: Any licensee determined by the Village Manager to have violated any of the provisions of this chapter or the provisions of title 6, chapter 5, "Minors", of this Code shall pay to the Village the costs of the hearing before the Village Manager on such violation. The Village Manager shall determine the costs incurred by the Village for said hearing, including, but not limited to: court reporter fees, the costs of the transcripts or records, attorney fees, the cost of preparing and mailing notices and orders, any and all additional fines imposed and all other miscellaneous expenses incurred by the Village or such lesser sum as the Village Manager may allow.
E. Failure To Pay: The licensee shall pay said costs to the Village within thirty (30) days of notification of the costs by the Village Manager. Failure to pay said costs within thirty (30) days of notification is a violation of this chapter and may be cause of license suspension or revocation, or the levy of a fine.
F. Waiting Period: Any retailer whose license is revoked for violating any of the provisions of this chapter or the provisions of title 6, chapter 5, "Minors", of this Code shall be prohibited from applying for a tobacco retailer's license for a one year period.
G. File For Injunction: In addition to imposing the fines and other penalties provided by this chapter, the Code Enforcement Department or Village Manager may file legal or administrative action against any licensee for an injunction requiring compliance with the provisions of this chapter or for such order as the court may deem necessary or appropriate to secure such compliance.
H. Judicial Review: A person may seek a writ of certiorari from the Chancery Division of the Circuit Court of Cook County according to applicable law, appealing any final determination of liability or decision of the Code Enforcement Department or Village Manager under this chapter. (Ord. 02-2201, 7-15-2002)