§ 32A-11. Suspension or revocation of license.

(a)

Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence, 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)

For a first violation of this chapter at a location within any sixty-month period, the license shall be suspended for thirty (30) days.

(2)

For a second violation of this chapter at a location within any sixty-month period, the license shall be suspended for sixty (60) days.

(3)

For a third violation of this chapter at a location within any sixty-month period, the license shall be suspended for ninety (90) days.

(4)

For four (4) or more violations of this chapter at a location within any sixty-month period, the license shall be revoked.

(b)

Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded notice and an opportunity to be heard, that one (1) or more of the bases for denial of a license under Section 32A-6 existed at the time application was made or at any time before the license issued. Such a revocation shall be without prejudice to the filing of a new license application.

(c)

Any suspension or revocation of a license under this section may be appealed pursuant to Section 32A-12.

( Ord. No. 6149, § I , 4-19-2016)