A. The tobacco retailer shall have the right to appeal the decision of the department to the city council. To obtain a review of the final determination, the tobacco retailer must file with the city clerk within fifteen days of the date of the final determination, a written request for a hearing. The timely filing of a request for hearing shall hold in abeyance any license suspension until the administrative review is heard and decided.

B. If a review is requested, the city clerk shall provide written notice, within thirty days of its receipt of the request, to the tobacco retailer of the date, time and place of the hearing on the appeal.

C. At the time fixed in the notice, the city council shall proceed to hear testimony from any interested person regarding the specified violation deemed by the department to be the basis for the proposed administrative penalty, and any other matter which the city council may deem pertinent thereto.

D. Upon the conclusion of the hearing the city council will make a determination based on the evidence presented at the hearing, and may impose a suspension penalty without regard to the limits in Section 8.52.100.

E. The decision of the city council shall be final. (Ord. 666 §1 (Exh. A), 2016).