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75B - AMENDING CH 18 ARTICLE 111
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75B - AMENDING CH 18 ARTICLE 111
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1/3/2012 4:43:40 PM
Creation date
10/11/2006 10:58:27 AM
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City Clerk
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Agenda Packet
Item #
75B
Date
10/16/2006
Destruction Year
2011
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<br />Sec. 18-98. Suspension or revocation of license by Chief of Police. <br /> <br />(a) In addition to any other remedy authorized by law, a tobacco <br />retailer's license may be suspended and eventually revoked if the Chief finds <br />pursuant to this article that the licensee, or any of the licensee's agents or <br />employees, has violated any of the requirements, conditions, or prohibitions of <br />this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a <br />violation of any law designated in section 18-91 (d)) above. During any period of <br />license suspension, the retailer must remove all tobacco products from public <br />view. <br /> <br />(b) Time Period of Suspension of License. <br /> <br />(1) Upon the first time that the Chief makes a finding as set forth <br />in subsection (a) of this section, the tobacco retailer's license <br />shall be suspended for sixty (60) days; <br /> <br />(2) Upon the second time that the Chief makes a finding as set <br />forth in subsection (a) of this section within sixty (60) months <br />of the first determination, the tobacco retailer's license shall <br />be suspended for one hundred twenty (120) days; <br /> <br />(3) Upon the third time that the Chief makes a finding as set <br />forth in subsection (a) of this section within sixty (60) months <br />of the prior determination, the tobacco retailer's license shall <br />be suspended for one hundred and eighty (180) days; <br /> <br />(4) Upon the fourth and each subsequent time that the Chief <br />makes a finding as set forth in subsection (a) of this section <br />within sixty (60) months of the prior determination, the <br />tobacco retailer's license shall be revoked, and no new <br />license may issue for the location until five (5) years have <br />passed from the date of revocation. <br /> <br />(c) Revocation of license issued in error. A tobacco retailer's license <br />shall be revoked if the Chief finds, after written notice and opportunity to be <br />heard, that one or more of the bases for denial of a license under Section 18-94 <br />existed at the time of application was made or at any time before the license was <br />issued. The decision by the Chief shall be final. The revocation shall be without <br />prejudice to the filing of a new application for license. <br /> <br />758-14 <br /> <br />Ordinance No. NS-XXX <br />Page 9 of 13 <br />
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