§ 82.24.550. Enforcement -- Rules -- Notice -- Hearing -- Reinstatement of license -- Appeal
(1) The board shall enforce the provisions of this chapter. The board may adopt, amend, and repeal rules necessary to enforce the provisions of this chapter.
(2) The department may adopt, amend, and repeal rules necessary to administer the provisions of this chapter. The department has full power and authority to revoke or suspend the license or permit of any wholesale or retail cigarette dealer in the state upon sufficient cause appearing of the violation of this chapter or upon the failure of such licensee to comply with any of the provisions of this chapter.
(3) A license shall not be suspended or revoked except upon notice to the licensee and after a hearing as prescribed by the department. The department, upon finding that the licensee has failed to comply with any provision of this chapter or any rule adopted under this chapter, shall, in the case of the first offense, suspend the license or licenses of the licensee for a period of not less than thirty consecutive business days, and, in the case of a second or further offense, shall suspend the license or licenses for a period of not less than ninety consecutive business days nor more than twelve months, and, in the event the department finds the licensee has been guilty of willful and persistent violations, it may revoke the license or licenses.
(4) Any licenses issued under chapter 82.26 RCW to a person whose license or licenses have been suspended or revoked under this section shall also be suspended or revoked during the period of suspension or revocation under this section.
(5) Any person whose license or licenses have been revoked under this section may apply to the department at the expiration of one year for a reinstatement of the license or licenses. The license or licenses may be reinstated by the department if it appears to the satisfaction of the department that the licensee will comply with the provisions of this chapter and the rules adopted under this chapter.
(6) A person whose license has been suspended or revoked shall not sell cigarettes or tobacco products or permit cigarettes or tobacco products to be sold during the period of such suspension or revocation on the premises occupied by the person or upon other premises controlled by the person or others or in any other manner or form whatever.
(7) Any determination and order by the department, and any order of suspension or revocation by the department of the license or licenses, or refusal to reinstate a license or licenses after revocation shall be reviewable by an appeal to the superior court of Thurston county. The superior court shall review the order or ruling of the department and may hear the matter de novo, having due regard to the provisions of this chapter and the duties imposed upon the department and the board.
(8) For purposes of this section, "tobacco products" has the same meaning as in RCW 82.26.010.
[2005 c 180 § 19; 1997 c 420 § 8; 1993 c 507 § 17; 1986 c 321 § 9.]
Notes:
Effective date -- 2005 c 180: See note following RCW 82.26.105.
Finding -- Severability--1993 c 507: See RCW 70.155.005 and 70.155.900.
Policy -- Intent -- Savings -- Effective date -- 1986 c 321: See notes following RCW 82.24.500.
Sections: Previous 82.24.290 82.24.295 82.24.300 82.24.302 82.24.500 82.24.510 82.24.520 82.24.530 82.24.540 82.24.550 82.24.551 82.24.552 82.24.560 82.24.570 82.24.900 Next
Last modified: April 7, 2009