(A) Suspension or revocation of license for violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in § 8.44.210 above.
(1) Upon a finding by the department of a first violation of this article at a location within any 60-month period, the license shall be suspended for 30 days.
(2) Upon a finding by the department of a second violation of this article at a location within any 60-month period, the license shall be suspended for 90 days.
(3) Upon a finding by the department of a third violation of this article at a location within any 60-month period, the license shall be suspended for one year.
(4) Upon a finding by the department of four or more violations of this article at a location within any 60-month period, the license shall be revoked and thereafter the licensee shall be ineligible to apply for a new license for five years.
(B) Appeal of suspension or revocation. A decision of the department to suspend or revoke a license is appealable to the Town Council and any appeal must be filed in writing with the Town Clerk within 15 days of mailing of the department's decision and the applicable appeal fee must be paid. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the Town Council is not available for a revocation made pursuant to subsection (C) below.
(C) Revocation of license wrongly issued. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the grounds for denial of a license under § 8.44.230 existed at the time application was made or at any time before the license issued. The decision by the department shall be the final decision of the town. Such a revocation shall be without prejudice to the filing of a new license application.
(D) Judicial action to challenge. Any final administrative action to suspend or revoke a tobacco retailer's license under this article shall be subject to judicial review pursuant to Cal. Gov’t Code § 53069.4, which, among other things, requires such a judicial challenge to be brought within 20 days of service of the final decision.
(Ord. 814, passed 12-6-2017)
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