Hears appeals of decisions regarding the denial, suspension or revocation of tobacco licenses and either affirms the action taken by the business services administrator or directs the business services administrator to grant or reinstate the license. The City Council makes one appointment to this three member board. Length of terms is three years, with openings occurring in March.
Sec. 11-322. Tobacco retailer license review board.
(a) Establishment; composition of board. A three-member tobacco retailer license review board is hereby established consisting of the director of finance, the director of public health and human services and a citizen member appointed by the city council to serve a three (3) year term. The tobacco retailer license review board may adopt rules and procedures that are consistent with this code and state statutes.
(b) Review of license denial, suspension or revocation. The director of finance, after receiving an appeal from a license denial, suspension or revocation, shall schedule a meeting of the tobacco retailer license review board. Before the meeting, the board members shall be provided with copies of the letter of denial, suspension or revocation, the notice of appeal and any documentation and position statements provided by the business services administrator and the applicant pertaining to the action. The board may allow the business services administrator and the applicant or the applicant's representative to explain their positions to the board at the meeting. The board may either affirm the action taken by the business services administrator or direct the business services administrator to grant or reinstate the license. The license, in the board's discretion, may be for less than the full period of time ending on June 30. If the board affirms the action taken by the business services administrator, it shall set forth the grounds for denial, revocation or suspension in a letter to the applicant. The letter shall be hand delivered or sent by first class mail. A mailed letter shall be presumed received three (3) days after it was mailed.
(c) Judicial review. A decision of the tobacco retailer license review board may be appealed by the applicant by filing a petition for a writ of certiorari with the Circuit Court of Boone County within thirty (30) days of receiving the determination letter from the tobacco retailer license review board. The petition shall set forth with particularity the grounds for review. The court may allow a writ of certiorari directed to the tobacco retailer license review board to review the record and decision of the board. The writ shall prescribe the time within which a return must be made and served upon the relator's attorney, which shall be at least ten (10) days from issuance of the writ and may be extended by the court.
(Ord. No. 23792, § 1, 2-18-19)