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A. Suspension or Revocation of Permit for Violation. In addition to any other penalty authorized by law, a Tobacco Retailer’s permit may be suspended or revoked if any court of competent jurisdiction determines, or the Chief of Police finds, based on a preponderance of the evidence, after the Permittee is afforded notice and an opportunity to be heard, that the Permittee, or any of the Permittee’s agents, officers, partners, representatives, managers, or employees, has violated any of the requirements, conditions, or prohibitions of this chapter, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in CVMC 5.56.020 as follows:

1. Upon a finding by the Chief of Police of a first violation of this chapter at a location, the Permittee shall be issued a warning by the Department.

2. Upon a finding by the Chief of Police of a second violation of this chapter at a location within any 60-month period, the permit shall be suspended for 90 days.

3. Upon a finding by the Chief of Police of a third violation of this chapter at a location within any 60-month period, the permit shall be suspended for one year.

4. Upon a finding by the Chief of Police of a fourth violation of this chapter at a location within any 60-month period, the permit shall be revoked.

B. The Chief of Police shall serve the Tobacco Retailer, either Personally or by first class mail addressed to the Authorized Address, with dated written notice of the decision to suspend or revoke the permit. A suspension or revocation notice shall state the reasons for the action, the effective date of the decision, and the right of the Permittee to appeal the decision to the City Manager. An appeal to the City Manager is not available for a revocation made pursuant to subsection (C) of this section. Any appeal must be filed in writing with the City Clerk within 14 days of service of the notice. The City Manager’s determination regarding the suspension or revocation shall be final. The City Manager shall provide dated written notice to the Tobacco Retailer, either Personally or by first class mail addressed to the Authorized Address, of the City Manager’s determination and the right of the Tobacco Retailer to seek judicial review of the City Manager’s determination.

C. Revocation of Permit Wrongly Issued. A Tobacco Retailer’s permit shall be revoked if the Chief of Police finds, after the Permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under CVMC 5.56.020 existed at the time application was made or at any time before the permit issued, or one or more of the bases for denial of a renewal permit under CVMC 5.56.050 existed at the time the renewal permit was issued. Notice and appeal of the revocation shall be conducted in accordance with subsection (B) of this section.

D. If a permit issued under this chapter is suspended or revoked, all Tobacco Products and Tobacco Paraphernalia at the suspended or revoked Tobacco Retailer’s location shall be removed from public view for the duration of the suspension or revocation. The Tobacco Retailer additionally shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location for the duration of the suspension or revocation. (Ord. 3417 § 1, 2018).