§ 8.23.200. Suspension and/or revocation of license.

(a)

Suspension and/or Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended and/or revoked if the health officer finds, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter.

(1)

Upon a finding by the health officer of a first license violation within any five-year period, the license shall be suspended for thirty days, and the tobacco retailer shall also pay an administrative fine in accordance with Section 8.23.220(c) of this chapter. The health officer may rescind the license suspension if the tobacco retailer successfully completes the tobacco retailer first offender diversion program, consisting of an onsite employee education program administered by the Public Health Department's Tobacco Control Program. Completion of the Diversion Program does not expunge the violation, which will be counted for purposes of any future finding that a second or subsequent violation has occurred.

(2)

Upon a finding by the health officer of a second license violation within any five-year period, the license shall be suspended for sixty days, and the tobacco retailer shall also pay an administrative fine in accordance with Section 8.23.220(c) of this chapter. The health officer may reduce the term of the license suspension to fifteen days if the tobacco retailer successfully completes the tobacco retailer second offender diversion program, consisting of an onsite employee education program administered by the public health department's tobacco control program and the installation of approved electronic point-of-sale equipment designed to prevent sales of tobacco products to minors. Completion of the diversion program does not expunge the violation, which will be counted for purposes of any future finding that a third or subsequent violation has occurred.

(3)

Upon a finding by the health officer of a third license violation within any five-year period, the license shall be suspended for ninety days, and the tobacco retailer shall also pay an administrative fine in accordance with Section 8.23.220(c) of this chapter.

(4)

Upon a finding by the health officer of a fourth license violation within any five-year period, the license shall be revoked, and the tobacco retailer shall also pay an administrative fine in accordance with Section 8.23.220(c) of this chapter. No new license shall be issued for one year from the date of revocation.

(b)

Appeal of Suspension and/or Revocation. A decision of the health officer to suspend and/or revoke a license is appealable to the health agency director or designated hearing officer and must be filed with the health agency within ten days of mailing of the health officer's notice of suspension/revocation. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to the health agency director is not available for a revocation made pursuant to subsection (c) below.

(c)

Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the health officer finds, after the licensee is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 8.23.140 existed at the time application was made or at any time before the license issued. The decision by the health officer shall be the final decision of the county. The revocation shall be without prejudice to the filing of a new license application.

(Ord. No. 3159 § 2, 8-19-08; Ord. No. 3259, § 2, 5-13-14)