a.Upon determining the existence of any of the grounds pursuant to this Article for the suspension or revocation of a license, or the imposition of a penalty for tobacco retailing without a license, the Department shall issue a notice of intended decision to the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed. The notice shall be provided by personal service or by first class mail, postage prepaid, and shall include a copy of the affidavit or certificate of mailing.

b.The notice of intended decision shall state all the grounds upon which the revocation, suspension, or imposition of penalty is based.

c.The notice of intended decision shall specify the effective date of the action.

d.The notice of intended decision shall state that the Department shall give the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed an opportunity to request a hearing thereon. The hearing shall be an informal hearing before the Department. Following the hearing, or within a reasonable time if no hearing is requested, the Department shall issue a decision and serve the decision in accordance with the service requirements set forth in subsection (a) of this section.

e.The decision of the Department shall be in writing, setting forth the reasons for the decision, and shall advise the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed that the decision to suspend or revoke the license, or to impose the penalty for tobacco retailing without a license, shall become final unless the applicant for a license, the licensee, or the person against whom the penalty for tobacco retailing without a license is directed seeks an appeal pursuant to Section 7-2.13. (Ord. 3674 § 6, 2023; Ord. 3654 § 6, 2022; Ord. 3508 § 2, 2014. Formerly 19-116, 19-117)