§ 11.35.110. Suspension or revocation procedure.

A.

Before a license is suspended or revoked, the director shall provide written notice to the licensee. Said notice shall include the following:

1.

A statement that the proprietor's tobacco retailing license is being suspended or revoked pursuant to this chapter;

2.

The code section violated by licensee or licensee's agents or employees;

3.

A description of the violation that occurred;

4.

The address of the business where the violation occurred; and

5.

The procedure for requesting an administrative review.

B.

A licensee served with a notice of suspension or revocation may request an administrative review to contest the suspension or revocation. The request must be made in writing and filed with the director within ten calendar days of service of the notice of suspension or revocation. Failure to timely request an administrative review shall be deemed a waiver of the right to request such a review and a failure to exhaust administrative remedies.

C.

After receiving a timely administrative review request, the director shall schedule an administrative review within twenty calendar days of receipt of the written request and designate a reviewing officer. The director may, in his/her discretion, appoint as a reviewing officer any department or other county employee with expertise in public health who is not directly involved in inspection or enforcement of tobacco retailing establishments.

D.

The proprietor shall be given written notice of the date, time, and location of the administrative review and the name of the reviewing officer who will conduct the administrative review at least ten calendar days in advance of the review.

E.

The reviewing officer, in his/her discretion, may grant a continuance upon the written request and showing of good cause. In no event shall the continuance be longer than thirty calendar days from the originally scheduled review date.

F.

At the administrative review, the department has the burden of providing by a preponderance of the evidence that the alleged violation occurred.

G.

The failure to appear at the administrative review shall constitute an abandonment of the review request and a failure to exhaust administrative remedies.

H.

Within ten calendar days after the close of the administrative review, the reviewing officer shall issue a written decision on the suspension or revocation of the license, including a statement of the basis for the decision. The reviewing officer's written decision shall constitute the final administrative decision of the county.

I.

If the director revokes a tobacco retailing license, no new license may be issued for five years after that revocation.

(Ord. 2007-0118 § 3 (part), 2007.)