Sec. 7-2.10. Suspension or revocation of license.
a.In addition to any other remedy authorized by law, after notice and opportunity to be heard pursuant to Section 7-2.12, a license may be suspended or revoked as provided in this section if the Department finds by a preponderance of the evidence that the licensee, or any of the licensee’s agents or employees, has:
1.Violated any of the requirements, conditions, or prohibitions of this Article; or
2.Pleaded guilty, “no contest” or its equivalent, or admitted to any of the following:
i.The original or renewal application contained incorrect, false, or misleading information;
ii.One (1) or more of the grounds for denial listed in Section 7-2.05 existed before the license was issued; or
iii.A licensee is convicted of a misdemeanor or felony violation of any tobacco retailing law or regulation, including any provision of this Article.
b.During any period of suspension or revocation, the licensee shall remove all tobacco products and tobacco paraphernalia from public view. Failure to do so may be considered a subsequent violation.
c.When the Department finds a violation as set forth in subsection (a) of this section, the license shall be suspended or revoked as follows:
1.Upon a finding by the Department of a first license violation, the license shall be suspended for sixty (60) days;
2.Upon a finding by the Department of a second license violation within any sixty (60) month period, the license shall be suspended for one hundred twenty (120) days;
3.Upon a finding by the Department of a third license violation in any sixty (60) month period, the license shall be suspended for one hundred eighty (180) days; and
4.Upon a finding by the Department of a fourth license violation within any sixty (60) month period, the license shall be revoked and no new license shall issue for the location until five (5) years have passed from the date of revocation.
d.Violation by a licensee at one (1) location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location.
e.A license shall be revoked if the Department finds that one (1) or more of the grounds for denial of an application for a license pursuant to Section 7-2.05 existed at the time the application was made or at any time before the license was issued. (Ord. 3674 § 6, 2023; Ord. 3654 § 6, 2022; Ord. 3508 § 2, 2014. Formerly 19-114, 19-115)