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ORD 2209
City of Pleasanton
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ORD 2209
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Last modified
6/30/2023 4:22:55 PM
Creation date
8/31/2020 2:50:16 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
8/18/2020
DESTRUCT DATE
PERMANENT
DOCUMENT NAME
TOBACCO RETAIL PERMITTING REQUIREMENTS
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Ordinance
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Ordinance
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Ordinance 2209 <br /> Page 8 of 11 <br /> 2. Upon a finding of a second violation of this chapter at a location within any <br /> five (5) year period, the permit shall be suspended for one (1) year. <br /> 3. Upon a finding of three (3) or more violations of this chapter at a location <br /> within any five (5) year period, the permit shall be revoked. <br /> B. Revocation of Tobacco Retailer Permit Wrongly Issued. A permit shall be revoked if <br /> the community development department finds, after the permittee is afforded notice <br /> and an opportunity to be heard, that one or more of the bases for denial of a permit <br /> under Section 9.32.090 existed at any time before the permit issued. Such a <br /> revocation shall be without prejudice to the filing of a new permit application. <br /> 9.32.170 Notices. <br /> A. Whenever the business license division or community development department <br /> denies an application for a permit or permit renewal, the community development <br /> department shall issue a written notice of denial sent by either regular mail to the <br /> applicant's address for notice listed on the permit application, or by personal <br /> delivery. The notice must include: <br /> 1. The reason for denial; <br /> 2. A statement that the applicant may request a hearing on the denial of a permit <br /> by submitting a hearing request, in writing, to the city clerk within ten (10) <br /> calendar days of the date of the notice; and <br /> 3. A statement that the failure to request a hearing on the notice of denial will <br /> constitute a waiver of all hearing and appeal rights, and the denial of the <br /> permit will be final. <br /> B. Whenever the city determines that a person has violated any provision of this <br /> chapter, the community development department shall send a written notice of the <br /> violation to the person by personal service or regular mail to the person's address for <br /> notice listed on the permit application, if the person is a permit holder, otherwise to <br /> the location at which the violation occurred. The notice of violation may be combined <br /> with the notice of suspension or revocation below. <br /> C. Whenever the community development department determines that grounds for <br /> suspension or revocation exist, it shall send a written notice of the suspension or <br /> revocation to the permit holder by personal service or by regular mail with proof of <br /> service, to the permit holder's address listed for notice in the permit application. The <br /> notice must include: <br /> 1. A statement that the permit holder's permit is being suspended or revoked <br /> under this chapter; <br /> 2. The code section(s) violated, or applicable state or federal law violated, and a <br /> brief description of the violation(s); <br /> 3. The address or other description of the location where the violation(s) <br /> occurred; <br /> 4. The date of the applicable violation(s); <br /> 5. The time period of the suspension or revocation; <br /> 6. A statement that the permit holder may request a hearing on the suspension <br /> or revocation by submitting a hearing request, in writing, to the city clerk <br /> within ten (10) calendar days of the date of the notice; <br />
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