5.16.180 – Tobacco commissioner; tobacco commission; suspension, revocation of license; fines, costs

1. The Local Liquor Control Commissioner shall serve as the tobacco commissioner and shall be charged with the administration of this article and of such other ordinances relating to tobacco sales and licensing as may be from time to time enacted by the city council.  A tobacco commission is created, which shall be composed of the same five members of the city’s local liquor commission.  Accordingly, the terms and provisions of Sections 5.08.020, 5.08.030 and 5.08.035 of this Code are incorporated into this article as though fully set forth in this article, as being specifically applicable to the creation, enforcement, and administration of this article.
2. The tobacco commissioner, after a hearing conducted by the tobacco commission, may suspend or revoke any license issued under the provisions of this article if they determine that the licensee has violated any of the provisions of this article.  In lieu of suspension or revocation of the license, the tobacco commissioner may instead levy a fine on the licensee.  The fine imposed shall be in an amount not less than two hundred fifty ($250.00) dollars and not more than one thousand ($1,000.00) dollars for each violation.  A separate violation of this Ordinance shall be deemed to have been committed on each day during which a violation occurs or is permitted to continue.
3. No license issued under this article shall be suspended or revoked and no licensee shall be fined except after a public hearing by the tobacco commission affording the licensee an opportunity to appear and defend against the charges. 
4. If the tobacco commission determines after such hearing that the license under this Article should be revoked or suspended or that the licensee shall be fined, the tobacco commission shall recommend to the tobacco commissioner either the amount of the fine, the period of suspension or that the license be revoked.
5. Any licensee determined by the tobacco commissioner to have violated any of the provisions of this article shall pay to the City the costs of the hearing before the tobacco commission on such violation.  The tobacco commissioner shall determine the costs incurred by the City for such hearing, including but not limited to, attorneys’ fees, court reporter’s fees, fees incurred by the City, Chief of Police and the local Liquor Control Commissioner, the cost of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the City or such lesser sum as to the tobacco commissioner may allow.

The licensee shall pay such costs to the city within 30 days of notification of the costs by the tobacco commissioner.  Failure to pay such costs within 30 days of notification is a violation of this article and may be cause for license suspension or revocation, or the levy of a fine.

6. All decisions of the tobacco commissioner are appealable in the manner provided by law.