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<br />(b) The decision by the Chief or hearing officer after hearing shall <br />become final unless the licensee files an appeal within the time period specified <br />in section 18-102. <br /> <br />Sec. 18-102. Chapter 3 Appeal. <br /> <br />(a) If a licensee is dissatisfied with the written decision of the Chief, the <br />licensee may file a written appeal to the city. <br /> <br />(b) The appeal must be in writing on a form provided by the city and <br />must be received by the clerk of the council within ten (10) calendar days of <br />notification of the Chiefs decision. <br /> <br />(c) The appeal, including its hearing, shall be conducted in accordance <br />with Chapter 3 of this Code. <br /> <br />Sec. 18-103. Tobacco retailing without a license-Seizure. <br /> <br />(a) Tobacco Products and Tobacco Paraphernalia offered for sale or <br />exchange in violation of this article are subject to seizure by the Chief or any <br />peace officer and shall be forfeited after the licensee and any other owner of the <br />tobacco products and tobacco paraphernalia seized is given reasonable notice <br />and an opportunity to demonstrate that the tobacco products and tobacco <br />paraphernalia were not offered for sale or exchange in violation of this article. <br /> <br />(b) Forfeited tobacco products and tobacco paraphernalia shall be <br />maintained and destroyed pursuant to the Chief's policy for seized evidence. <br /> <br />Sec. 18-104. Enforcement. <br /> <br />(a) The remedies provided by this article are cumulative and in addition <br />to any other remedies available at law or in equity. <br /> <br />(b) Whenever evidence of a violation of this article is obtained in any <br />part through the participation of a person under the age of eighteen (18) years <br />old, such a person shall not be required to appear or give testimony in any civil or <br />administrative process brought to enforce this article and the alleged violation <br />shall be adjudicated based upon the sufficiency and persuasiveness of the <br />evidence presented. <br /> <br />(c) Causing, permitting, aiding, abetting, or concealing a violation of <br />any provision of this article shall also constitute a violation of this article. <br /> <br />(d) Violations of this article are hereby declared to be public nuisances. <br /> <br />758-16 <br /> <br />Ordinance No. NS-XXX <br />Page 11 of13 <br />