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NS-2729
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Last modified
1/3/2012 1:00:50 PM
Creation date
12/1/2006 8:54:07 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2729
Date
11/20/2006
Destruction Year
PERM
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<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 dernonstrate 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 rnaintained <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 />(c) Causing, permitting, aiding, abetting, or concealing a violation of any <br />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 />(e) In addition to other remedies provided by this article or by other law, any <br />violation of this article may be remedied by a civil action brought by the City Attorney. <br /> <br />Sec. 18-105. Notice. <br /> <br />Whenever a notice is required to be given under this article, it shall be made as <br />provided in this Code, and addressed to such person to be notified at the authorized <br /> <br />Ordinance No. NS-2729 <br />Page 10 of 12 <br />
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