9.80.090 Suspension or revocation of license.
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 opportunity to be heard, that the licensee or their agents or employees has violated the conditions of the license imposed pursuant to Section 9.80.030 above.
1. Upon a finding by the City of a first license violation within any five-year period, the license may be suspended for up to thirty (30) days.
2. Upon a finding by the City of a second license violation within any five-year period, the license may be suspended for up to ninety (90) days.
3. Upon a finding by the City of a third license violation within any five-year period, the license may be suspended for up to one (1) year.
4. Upon a finding by the City of a fourth license violation within any five-year period, the license may be revoked.
B. A tobacco retailer’s license may be canceled if the City finds, after notice and opportunity to be heard, that one of the following conditions exist. The revocation shall be without prejudice to the filing of a new application for a license.
1. The application is incomplete for failure to provide the information required by Section 9.80.040.
2. The information contained in the application, including supplemental information, if any, is found to be false in any material respect.
3. The application seeks authorization for a license that is unlawful as specified in Section 9.80.050(A)(3).
C. A decision of the City to revoke or suspend a license is appealable to a Hearing Officer and must be filed with the Hearing Officer at least ten working days prior to the commencement date of the license suspension or revocation. An appeal shall stay all proceedings in furtherance of the appealed action. Following appeal, the decision of the Hearing Officer may be appealed to the City Manager or their designee. A decision of the City Manager or their designee shall be the final decision of the City.
D. During a period of license suspension the tobacco retailer must remove from public view all tobacco products. (Ord. 6720-NS § 2, 2002)