Item 30 - HEALTH AND SANITATION ARTICLE III. TOBACCO RETAIL LICENSE

Home Browse Search

(4) Upon the fourth and each subsequent time that the chief makes a finding as set forth in subsection (a) within sixty (60) months of the prior determination, the tobacco retailer's license shall be revoked, and no new license may issue for the location until five (5) years have passed from the date of revocation. (c) Revocation of license issued in error. A tobacco retailer's license shall be revoked if the chief finds, after written notice and opportunity to be heard, that one or more of the bases for denial of a license under section 18‐94 existed at the time of application was made or at any time before the license was issued. The decision by the chief shall be final. The revocation shall be without prejudice to the filing of a new application for license. (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐99. Notice of intended decision. (a) Upon determining the existence of any of the grounds for suspension or revocation of a license, the chief shall issue to the license holder a notice of intended decision. (b) The notice of intended decision shall state all the grounds upon which the revocation or suspension is based. (c) The notice of intended decision shall advise the permit holder that the suspension or revocation shall become final unless the licensee files a written request for hearing before the chief within ten (10) calendar days of the date of service of the notice of intended decision. (d) The notice of intended decision shall specify the effective date of the suspension or revocation. (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐100. Procedure for hearing before the chief. (a) The written request for a hearing before the chief must be received by the chief within ten (10) calendar days of the date of service of the notice of intended decision. (b) Upon timely receipt of a written request for a hearing, the chief shall schedule a hearing which shall be held no later than thirty (30) calendar days after receipt of a timely request for hearing. (c) The chief shall serve a notice of hearing on the licensee at least ten (10) calendar days prior to the scheduled date of the hearing. (d) At the hearing before the chief, or before a hearing officer at the chief's option, the licensee shall be given the opportunity to present witnesses and relevant documentary evidence. (e) The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the chief or hearing officer deems reliable, relevant and not unduly repetitious may be considered. (Ord. No. NS‐2729, § 2, 11‐20‐06)