§ 13-19. Fine, suspension or revocation of licenses.

(a)

The mayor shall be charged with the administration of this chapter. The mayor may assign the administration of any violation of this article to the local tobacco and alternative nicotine control hearing officer to enforce this article. The local tobacco and alternative nicotine control hearing officer will have the same power and duties as established in chapter 6, article II, in administering any violation of a license in chapter 13. The local tobacco and alternative nicotine control hearing officer may impose a fine of not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000.00) plus costs or suspend for any period up to thirty (30) days or revoke for cause any license issued under this chapter if he determines that the licensee has violated any of the following provisions:

(1)

The licensee has violated any law of the state, any ordinance of the county, or any ordinance of the city, which affected the public health, welfare and safety and which violation occurred as part of the operation of the licensee's business or upon the licensed premises or adjacent premises.

(2)

The licensee has violated any of the provisions of this chapter or any federal or state law pertaining to the sale of tobacco, alternative nicotine product, vapor products or electronic smoking device.

(3)

The licensee is more than forty-five (45) days delinquent in the payment of any debt to the city.

(b)

No fine, suspension or revocation shall be imposed except after a public hearing by the local tobacco and alternative nicotine control hearing officer or his designee in accordance with the following:

(1)

The licensee shall be given a three-day written notice affording the licensee an opportunity to appear and defend.

(2)

All such hearings shall be open to the public.

(3)

If the local tobacco and alternative nicotine control officer determines after such hearing that there should be a fine, revocation or suspension, he shall not later than five (5) days after such hearing, state the reasons for such a determination in a written order and shall serve a copy of such order upon the licensee.

(4)

In all hearings pursuant to this section, the evidence presented shall be reduced to writing and an official record of the proceedings maintained.

(c)

Each day on which a violation continues shall constitute a separate violation.

(d)

The findings, decision and order of the local tobacco and alternative nicotine control hearing officer shall be subject to review in the Circuit Court of Kane County, and the provisions of the administrative review law (735 ILCS 5/3-101 et seq.), and all amendments and modifications thereto, and the rules adopted pursuant thereto, are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order issued under this article.

(Ord. No. 018-032, 3-27-18)