San Jose Municipal Code Part 5 Hearing and Appeal Procedure

A. Upon determining the existence of any of the grounds for denial, suspension, or revocation in accordance with Section 6.87.455, the director shall issue to the tobacco retailer a notice of intended decision to deny, suspend or revoke the tobacco retail license.

B. The notice of intended decision shall state all the grounds upon which the denial, suspension or revocation is based.

C. The notice of intended decision shall advise that the denial, suspension or revocation shall become final unless the tobacco retailer files a written request for hearing before the director within the time period specified in Section 6.87.510.

D. In instances where a tobacco retail license is being revoked or suspended, the notice of intended decision shall specify the effective date of the revocation or suspension of such license.

(Ord. 28875.)

With regard to a request for hearing before the director to appeal any denial of a request for exemption under Section 6.87.210 or any notice of intended decision issued pursuant to Section 6.87.500, the following rules shall apply:

A. The written request for a hearing before the director must be received by the director within ten calendar days of the date of service of the denial of request for exemption or of the notice of intended decision to deny, suspend or revoke the tobacco retail license.

B. Upon receipt of a timely written request for hearing, the director shall schedule a hearing which shall be held no later than thirty calendar days after receipt of the request, unless that time is waived by the tobacco retailer.

C. The director shall serve a notice of hearing on the tobacco retailer no later than ten calendar days prior to the scheduled date of the hearing.

D. At the hearing before the director, the tobacco retailer shall be given the opportunity to present witnesses and documentary evidence.

E. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the director deems reliable, relevant and not unduly repetitious shall be considered.

(Ord. 28875.)

A. Within thirty calendar days after the close of the hearing held pursuant to Section 6.87.510, the director shall serve on the tobacco retailer a written decision sustaining, reversing or modifying his or her denial of a request for exemption or his or her notice of intended decision. If the director sustains or modifies the denial of a request for exemption or his or her notice of intended decision, the director may impose additional conditions upon the exemption or upon the tobacco retail license if those conditions were reviewed at the hearing and the conditions are intended to protect the health, safety or welfare of the public or prevent the conduct or condition that led to the issuance of the denial of the request for exemption or the notice of intended decision from reoccurring.

B. The decision by the director after hearing shall become final unless the tobacco retailer files an appeal before the San José appeals hearing board within the time period specified in Section 6.87.530.

(Ord. 28875.)

A. If the tobacco retailer is dissatisfied with the written decision issued by the director pursuant to Section 6.87.520, he or she may file an appeal to the San José appeals hearing board.

B. The appeal must be in writing on a form provided by the San José appeals hearing board and received by the secretary of the San José appeals hearing board within ten calendar days of the date the director's decision is served upon the tobacco retailer.

C. The appeal hearing before the San José appeals hearing board shall be conducted in accordance with the rules and regulations of the San José appeals hearing board, but shall be heard no later than sixty calendar days after the receipt of the appeal, or within the next two regularly-scheduled meetings of the San José appeals hearing board, whichever is later in time.

D. Within twenty calendar days after the hearing before the San José appeals hearing board, the San José appeals hearing board shall serve upon the tobacco retailer a written decision sustaining, reversing or modifying the director's decision.

E. The decision by the San José appeals hearing board after hearing shall be final for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California.

(Ord. 28875.)