Municipal Code, Complete - City of Santa Barbara

B. SUSPENSION OF LICENSE. If the Police Chief determines that there are grounds for suspension of a
license, based upon information provided by the Health Officer, the Police Department, or any other governmental
agencies, the following sanctions shall be imposed:
1. Upon a first finding of a violation of any state or local law governing the sale, advertisement or display
of tobacco products, by a tobacco retailer licensee or any agent or employee of a tobacco retailer licensee within any
two (2) year period, the tobacco retailer licensee shall receive a letter of warning.
2. Upon the second finding of a violation of any state or local law governing the sale, advertisement or
display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee
within any two (2) year period, the tobacco retailer license shall be suspended for thirty (30) days.
3. Upon the third finding of a violation of any state or local law governing the sale, advertisement or
display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee
within any two (2) year period, the tobacco retailer license shall be suspended for ninety (90) days.
4. Upon a fourth or subsequent finding of a violation of any state or local law governing the sale,
advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco
retailer licensee within any two (2) year period, the tobacco retailer license shall be suspended for twelve (12)
months.
C. REINSTATEMENT OF TOBACCO RETAILER LICENSE.
1. Upon the end of a suspension period and so long as there are no outstanding violations, the Licensing
Agent may reinstate a tobacco retailer license.
D. APPEAL OF DENIAL OR SUSPENSION.
1. A tobacco retailer licensee may appeal a denial or suspension of a tobacco retailer license to the Board of
Fire and Police Commissioners. All appeals shall be conducted in accordance with the procedures, where applicable,
set forth in Sections 1.25.090, 1.25.100, and 1.25.110 of this Code.
2. The tobacco retailer licensee may seek judicial review of the decision of the Board of Fire and Police
Commissioners in accordance with Code of Civil Procedure sections 1094.5 and 1094.6. (Ord. 5260, 2002.)
9.21.110 Administrative Fines; Penalties; Enforcement.
A. Any violation of the provisions of this Chapter by any person may be either an infraction or a misdemeanor.
Any violation of the provisions of this Chapter by any person is also subject to administrative fines as provided in
Chapter 1.25.
B. If the Police Chief finds, based on substantial record evidence that any unlicensed person has engaged in
tobacco retailing activities in violation of Section 9.21.040 of this Chapter, the City shall fine that person as follows.
1. Each day that an unlicensed person offers tobacco, tobacco products, or tobacco for sale or exchange
shall constitute a separate violation and that person is subject to assessed fines in accordance with Chapter 1.25 of this
Code.
C. Violations of this ordinance are hereby declared to be public nuisances.
D. In addition to other remedies provided by this Chapter or by other law, any violation of this ordinance may
be remedied by a civil action brought by the City Attorney, including but not limited to, administrative or judicial
nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. The remedies
provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 5260, 2002.)
9.21.120 Grace Period.
Any person who is selling tobacco products as of the effective date of this Chapter shall obtain a tobacco retailer
license within thirty (30) days of the effective date of this Chapter. (Ord. 5260, 2002.)
208-4 rev. 12/31/02