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<br />Sec. 18-101. <br /> <br />Decision of the Chief. <br /> <br />(a) The Chief or hearing officer shall serve on the licensee a written decision <br />sustaining, reversing or modifying the Chiefs intended decision. <br /> <br />(b) The decision by the Chief or hearing officer after hearing shall become <br />final unless the licensee files an appeal within the time period specified in section 18- <br />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 must be <br />received by the clerk of the council within ten (10) calendar days of notification of the <br />Chiefs decision. <br /> <br />(c) The appeal, including its hearing, shall be conducted in accordance with <br />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 peace <br />officer and shall be forfeited after the licensee and any other owner of the tobacco <br />products and tobacco paraphernalia seized is given reasonable notice and an <br />opportunity to demonstrate that the tobacco products and tobacco paraphernalia were <br />not offered for sale or exchange in violation of this article. <br /> <br />(b) Forfeited tobacco products and tobacco paraphernalia shall be maintained <br />and destroyed pursuant to the Chiefs policy for seized evidence. <br /> <br />Sec. 18-104. Enforcement. <br /> <br />(a) The remedies provided by this article are cumulative and in addition to any <br />other remedies available at law or in equity. <br /> <br />(b) Whenever evidence of a violation of this article is obtained in any part <br />through the participation of a person under the age of eighteen (18) years old, such a <br />person shall not be required to appear or give testimony in any civil or administrative <br />process brought to enforce this article and the alleged violation shall be adjudicated <br />based upon the sufficiency and persuasiveness of the evidence presented. <br /> <br />Ordinance No. NS-XXX <br />Page 10 of 12 <br /> <br />11 A-1 0 <br />