Tehachapi Municipal Code Ch. 8.52 Tobacco Retailer's Permit

The purpose of this chapter is to prohibit any person from acting as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's permit and to set forth the terms and conditions of obtaining the permit.

(Ord. 07-02-687 § 1(part), 2007)

(Ord. No. 16-03-733, § 1, 3-7-2016)

Pursuant to Government Code Sections 50022.1 et seq., Ordinance Nos. G-7724, G-8006, G-8495, and G-8586 of the board of supervisors of the county of Kern, state of California which amended Chapter 8.60 of Title 8 of the Kern County Ordinance Code regarding tobacco retailer's permit and each and every term, provision, rule, and regulation therein is hereby incorporated by this reference as if fully set forth herein verbatim.

(Ord. 07-02-687 § 1(part), 2007)

(Ord. No. 16-03-733, § 1, 3-7-2016)

8.60.100 Administrative penalties.

A. Upon a determination by the Department that a person has engaged in any conduct that violates the provisions of this chapter, the Director may suspend a tobacco retailer's permit, impose administrative penalties, or both suspend the permit and impose administrative penalties.

B. The Department shall notify the tobacco retail facility owner that there has been an initial determination of violation under the provisions of this chapter. The initial determination notice will specify the violation and the sanction imposed, including the effective date of the suspension, if applicable. The notice shall further state that the tobacco retail facility owner may, within fifteen (15) days, submit to the Department any written or documentary evidence to contest the initial determination of violation.

C. After receiving such evidence, if applicable and provided, the Director shall prepare a final written decision and shall serve this decision upon the tobacco retailer. Upon written request, the offender shall have the right to receive copies of any records or files upon which the administrative decision is based. This final determination shall be served through certified mail within sixty (60) days of the final determination.

D. When this chapter permits the Director to suspend a permit, the following sanction may be imposed:

1. For the first violation in any five-year period, the tobacco retailer shall receive a notice of violation from the Department.

2. For the second violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to thirty (30) days.

3. For a third violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to ninety (90) days.

4. For a fourth or subsequent violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to one hundred eighty (180) days and/or revoked.

E. When this chapter allows the Director to impose an administrative penalty, the following penalty may be imposed:

1. For the first violation, a penalty in the amount of two hundred fifty dollars ($250.00);

2. For the second violation within five (5) years from the date of the first violation, a penalty in the amount of five hundred dollars ($500.00);

3. For the third and each subsequent violation within five (5) years from the date of the first violation, a penalty in the amount of one thousand dollars ($1,000.00).

F. Upon determination by the Department that a tobacco retailer has violated any provision of this chapter and that the tobacco retailer did not violate any provision of this chapter in the five (5) years immediately preceding the violation, the Director may suspend the imposition of any sanction under subsection (D) or penalty under subsection (E) for a period of six (6) months.

1. Within fifteen (15) days of the Director's decision to suspend the imposition of any sanction or penalty pursuant to this subsection, the tobacco retailer shall pay a fee of five hundred dollars ($500.00) for the cost of inspections during the six-month period. Failure to pay this fee shall immediately restore the imposition of any sanction under subsection (D) or penalty under subsection (E).

2. During the six-month period, the Department shall inspect the tobacco retail facility for compliance as deemed necessary by the Department.

3. A determination by the Department that the tobacco retailer has engaged in any conduct that violates the provisions of this chapter during the six-month period shall restore the imposition of any sanction under subsection (D) or penalty under subsection (E) immediately and without further right to appeal.

4. If and only if the tobacco retailer completes the six-month period without violating the provisions of this chapter as determined by the Department, the sanction under subsection (D) or penalty under subsection (E) previously imposed shall be permanently stayed.

8.60.110 Right to administrative review and procedures.

A. The tobacco retailer shall have the right to appeal the decision of the Department to the City Council. To obtain a review of the final determination, the tobacco retailer must file with the clerk of the Board of Supervisors within fifteen (15) days of the date of the final determination, a written request for a hearing. The timely filing of a request for hearing shall hold in abeyance any license suspension until the administrative review is heard and decided.

B. If a review is requested, the clerk of the Board of Supervisors shall provide written notice, within thirty (30) days of its receipt of the request, to the tobacco retailer of the date, time and place of the hearing on the appeal.

C. At the time fixed in the notice, the Board of Supervisors shall proceed to hear testimony from any interested person regarding the specified violation deemed by the Department to be the basis for the proposed administrative penalty, and any other matter which the Board of Supervisors may deem pertinent thereto.

D. Upon the conclusion of the hearing the Board of Supervisors will make a determination based on the evidence presented at the hearing, and may impose a suspension penalty without regard to the limits in Section 8.60.100.

E. The decision of the Board of Supervisors shall be final.

(Ord. 07-02-687 § 1(part), 2007)

(Ord. No. 16-03-733, § 1, 3-7-2016)