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<br />or partners, or a sale for which a significant purpose is avoiding the effect <br />of the violations of this article is not an arm's length transaction. <br /> <br />Sec. 18-97. Fees for license. <br /> <br />The fee to issue or to renew a tobacco retailer's license shall be set by resolution <br />of the City Council from time to time. The fee shall be calculated so as not to exceed <br />that amount which would recover the total cost of both license administration and <br />license enforcement, including, for example, issuing the license, administering the <br />license program, retailer education, retailer inspection and compliance checks, <br />documentation of violations, and prosecution of violators. All fees shall be used <br />exclusively to fund the program. Fees are nonrefundable except as may be required by <br />law. <br /> <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 retailer's <br />license may be suspended and eventually revoked if the Chief finds pursuant to this <br />article that the licensee, or any of the licensee's agents or employees, has violated any <br />of the requirements, conditions, or prohibitions of this article or has pleaded guilty, "no <br />contest" or its equivalent, or admitted to a violation of any law designated in section 18- <br />91 (d)) above. During any period of license suspension, the retailer must remove all <br />tobacco products from public 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 in <br />subsection (a) of this section, the tobacco retailer's license shall be <br />suspended for up to sixty (60) days; <br /> <br />(2) Upon the second time that the Chief makes a finding as set forth in <br />subsection (a) of this section within sixty (60) months of the first <br />determination, the tobacco retailer's license shall be suspended for <br />one hundred twenty (120) days; <br /> <br />(3) Upon the third time that the Chief makes a finding as set forth in <br />subsection (a) of this section within sixty (60) months of the prior <br />determination, the tobacco retailer's license shall be suspended <br />one hundred and eighty (180) days; <br /> <br />(4) Upon the fourth and each subsequent time that the Chief makes a <br />finding as set forth in subsection (a) of this section within sixty (60) <br />months of the prior determination, the tobacco retailer's license <br />shall be revoked, and no new license may issue for the location <br />until five (5) years have passed from the date of revocation. <br /> <br />Ordinance No. NS-XXX <br />Page 8 of 12 <br /> <br />11A-8 <br />