§ 4.98.150. Suspension of permit.

(a)

Grounds for Suspension. A tobacco retailer's permit may be suspended, as set forth below in subdivision (b), by the Director of the Environmental Health Division or his or her designee upon a finding, after notice and opportunity to be heard, that either of the following occurred:

(1)

After the permit was issued it was determined that the application for the permit is incomplete or inaccurate.

(2)

The permittee or his or her agent has violated any provision of this chapter or any federal or state tobacco related law.

(b)

Time Period of Suspension of Permit.

(1)

Upon the first time that the Director of the Environmental Health Division or his or her designee makes the finding that either subsection (a)(1) or (a)(2) of this section has occurred, the permit to sell tobacco products shall be suspended for up to 30 days.

(2)

Upon the second time that the Director of the Environmental Health Division or his or her designee makes the finding set forth in subsection (a)(1) or (a)(2) of this section within twenty-four months of the first determination, the permit to sell tobacco products shall be suspended for no less than 30 days and up to 90 days.

(3)

Upon the third and each subsequent time that the Director of the Environmental Health Division or his or her designee makes the finding set forth in subsections (a)(1) and (a)(2) within twenty-four months of a prior determination, the permit to sell tobacco products shall be suspended for no less than 90 days and up to one year.

(c)

Effective Date of Suspension.

(1)

If the Director of the Environmental Health Division or his or her designee makes oral findings and issues an order of suspension at the hearing, the suspension will be effective 10 days from the date of the hearing, unless a timely appeal is filed in accordance with subsection (d).

(2)

If the Director of the Environmental Health Division or his or her designee makes written findings and issues an order of suspension by certified mail after the hearing, the suspension will be effective 15 days from the date appearing on the notice of that finding and order of suspension, unless a timely appeal is filed in accordance with subsection (d).

(d)

Appeal of Suspension.

(1)

The decision of the Director of the Environmental Health Division or his or her designee is appealable to the San Mateo County Licensing Board.

(2)

An appeal must be in writing, be addressed to the Director of the Environmental Health Division and be hand-delivered to the offices of the Division of Environmental Health.

(3)

An appeal must be received by the Division of Environmental Health before the effective date of suspension provided by subsection (c)(1) or (c)(2) in order to be considered.

(4)

The filing of a timely appeal will stay a suspension pending a decision on the appeal by the San Mateo County Licensing Board.

(5)

The decision of the San Mateo County Licensing Board shall be a final administrative order, with no further administrative right of appeal.

(Ord. 4417, 04/08/08)