5.38.120 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 or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Larkspur Municipal Code Section 5.38.040.
1. Upon a finding by the Department of a first violation, the tobacco retailer will be issued a warning.
2. Upon a finding by the Department of a second violation of this chapter at a location within any sixty-month period, the license shall be suspended for thirty (30) days.
3. Upon a finding by the Department of a third violation of this chapter at a location within any sixty-month period, the license shall be suspended for ninety (90) days.
4. Upon a finding by the Department of a fourth violation of this chapter at a location within any sixty-month period, the license shall be suspended for one year. Upon a finding by the Department of five (5) or more violations of this chapter at a location within any sixty-month period, the license shall be revoked.
B. Appeal of Suspension or Revocation. A Department decision to suspend or revoke a license is appealable under Larkspur Municipal Code Chapter 2.50. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the City Council is not available for a revocation made pursuant to subsection (C) of this section.
C. 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 or more of the bases for denial of a license under Larkspur Municipal Code Section 5.38.060 existed at the time the application was submitted or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application.
D. Judicial Action. Any final administrative action to suspend or revoke a tobacco retailer’s license under this section shall be subject to judicial review pursuant to California Government Code Section 53069.4, which, among other things, requires such a judicial challenge to be brought within twenty (20) days of service of the final decision. (Ord. 1037 § 2, 2019)