§ 445-10.018. License suspension.

(a)

Grounds for Suspension. A tobacco retailer's license may be suspended for any violation of this division, any state or federal tobacco-related laws, any state or federal law regulating controlled substances or drug paraphernalia, or any state or local law regulating advertising and signage on retailer's window space.

(b)

Notice of Suspension Hearing. If any grounds for suspension exist, the director may issue a notice of suspension hearing. The notice of suspension hearing will be served to a tobacco retailer as specified in Section 445-10.022 and will include all of the following information:

(1)

The date of the violation.

(2)

The address or other description of the location where the violation occurred.

(3)

The code section(s) violated, or applicable state or federal law violated, and a description of the violation.

(4)

The time period of the tobacco retailer's license suspension.

(5)

The date of the suspension hearing before the public health director. The notice of suspension hearing will set the hearing date no sooner than twenty days and no later than forty-five days following the date the notice of suspension hearing is served.

(c)

Suspension Hearing. A tobacco retailer's license may be suspended by the public health director after a tobacco retailer's license suspension hearing. At the hearing, the licensee will be given the opportunity to testify and to present evidence concerning the notice of suspension hearing. After considering the testimony and evidence submitted at the hearing, the public health director will issue a written decision to suspend or not suspend the tobacco retailer's license. The public health director will list in the decision the reason or reasons for the decision and will list the time period of the tobacco retailer's license suspension, if applicable. The written decision will be served as specified in Section 445-10.022.

(d)

Time Period of License Suspension.

(1)

A tobacco retailer's license may be suspended for up to thirty days for a first violation.

(2)

A tobacco retailer's license may be suspended for up to ninety days for a second violation that occurs within five years after the first violation.

(3)

A tobacco retailer's license may be suspended for up to one year for a third violation and for each subsequent violation that occurs within five years after the first violation.

(e)

Suspension Appeal. The decision of the public health director to suspend a tobacco retailer's license is appealable to the board of supervisors and will be heard at a noticed public hearing as provided in Chapter 14-4.

(f)

Final Order. The tobacco retailer's license suspension becomes a final administrative order at one of the following times:

(1)

On the date of the suspension hearing, if a tobacco retailer fails to appear at a scheduled suspension hearing.

(2)

On the date the public health director's decision is served, if a tobacco retailer fails to file a written appeal to the board of supervisors within the time specified.

(3)

On the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled appeal hearing before the board of supervisors.

(4)

On the date of the decision by the board of supervisors, if a tobacco retailer appears at a scheduled appeal hearing before the board of supervisors.

(Ord. No. 2017-01, § XI, 7-18-17; Ord. No. 2003-01 § 3; Ord. No. 98-50 § 2)