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ATTY/ORD.0002/CC ORD AMENDING MUNI CODE CH.15 (TOBACCO RETAIL PERMIT) <br />REV: 04-21-26 VR <br />Page 11 of 13 <br />ii.The Tobacco Retailer or Tobacco Retailer's agent has violated <br />any of the requirements, conditions, or prohibitions of this Article <br />or any applicable local, state, or federal tobacco-related law. <br />2.Notwithstanding the foregoing, a Tobacco Retailer Permit shall be <br />suspended or revoked, for the maximum time periods and as set forth in <br />subdivision (b), if any court of competent jurisdiction determines, or the <br />Director finds, based on a preponderance of evidence and after notice <br />and opportunity for the Tobacco Retailer to be heard, that the Tobacco <br />Retailer, or any agent or employee of the Tobacco Retailer, has Sold <br />Tobacco Products to any Person(s) under the age of 21 years. <br />B.Time Period of Suspension of Permit: <br />1.Upon the first violation within any sixty (60) month period, the Permit to <br />Sell Tobacco Products may be suspended for up to 30 days. <br />2.Upon the second violation within any sixty (60) month period, the Permit <br />to Sell Tobacco Products may be suspended for up to 90 days. <br />3.Upon the third violation within any sixty (60) month period, the Permit to <br />Sell Tobacco Products may be suspended for up to one year. <br />4.Upon the fourth violation within any sixty (60) month period, the Permit <br />to Sell Tobacco Products shall be revoked. If a Permit is revoked, the <br />Retailer shall not be eligible for a new Permit for a period of five (5) years <br />after the effective date of revocation. <br />C.Effective Date of Suspension or Revocation: <br />Within ten (10) calendar days of the hearing, the Director shall issue written <br />findings and an order regarding the suspension or revocation, which order will be <br />effective ten (10) calendar days from the date such order was sent by certified mail <br />to the Retailer, unless a timely appeal is filed in accordance with subsection D, <br />below. <br />D.Appeal of Suspension or Revocation: <br />The decision of the Director is appealable to the San Mateo County Licensing <br />Board and the procedural rules of the San Mateo County Licensing Board shall <br />govern hearings on all appeals of suspensions and revocations. <br />1.An appeal must be in writing, be addressed to the Director and be hand- <br />delivered to the offices of the Division of Environmental Health.