4-5-18: FINES, SUSPENSION OR REVOCATION OF LICENSE:
A. After investigation and a public hearing before the licensing authority at which a retailer must be afforded an opportunity to be heard, the licensing authority may impose fines, or impose suspension or revocation for reasons set forth below.
B. A license issued by the licensing authority may be suspended or revoked by the licensing authority for any of the following reasons:
1. Violation of the Colorado Retail Tobacco Code;
2. Violation of any applicable administrative regulation;
3. Violation of this chapter;
4. Violation of the terms and conditions of a license;
5. Misrepresentation or omission of any material fact, or false or misleading information, on the license application or any amendment thereto, or any other information provided by the licensee to the licensing authority related to the licensee's business;
6. Violation of any law which, if it occurred prior to the submittal of the license application, could have been cause for denial of the license application;
7. Failure to maintain or to provide to licensing authority upon request any books, recordings, reports, or other records as required by applicable law;
8. Temporary or permanent closure or other sanction of the licensee by the local licensing authority, the Colorado Department of Public Health and Environment, or other governmental entity with jurisdiction, for failure of the licensee to comply with applicable provisions of the Colorado Retail Tobacco Code;
9. Revocation or suspension of the state license; or
10. The failure of a licensee to timely correct any violation of state or local laws, any applicable administrative regulation, this chapter, or the terms and conditions of the license's license within the time stated in a notice or order issued by licensing authority.
C. The procedure to suspend or revoke a local license shall be as set forth in this chapter.
D. In connection with the suspension of a license, the licensing authority may impose reasonable conditions.
E. In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the licensing authority shall consider mitigating and aggravating factors when considering the imposition of a penalty. These factors may include, but are not limited to:
1. Any prior violations that the licensee has admitted to or was found to have engaged in.
2. Action taken by the licensee to prevent the violation (e.g., training provided to employees).
3. Licensee's past history of success or failure with compliance checks.
4. Corrective action(s) taken by the licensee related to the current violation or prior violations.
5. Willfulness and deliberateness of the violation.
6. Likelihood of reoccurrence of the violation.
7. The owner or a manager is the violator or has directed an employee or other individual to violate the law.
F. A license issued by the local licensing authority may be revoked if the local licensing authority determines that the licensed premises have been inactive, without good cause, for at least one (1) year.
G. If the licensing authority suspends or revokes a license the licensee may appeal the suspension or revocation to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The licensee's failure to timely appeal the decision is a waiver of the licensee's right to contest the denial or conditional approval of the application.
H. No fee previously paid by a licensee in connection with the application shall be refunded if the licensee's license is suspended or revoked. (Ord. 12, Series 2022)