Public Safety and General Government Committee

REGULAR MEETING – PUBLIC SAFETY AND GENERAL GOVERNMENT COMMITTEE AGENDA APRIL 24, 2025, 7:00 PM BY ZOOM VIRTUAL MEETING To allow public access, anyone may access a meeting by telephone and/or Zoom, or a recording in the City of Norwalk YouTube channel. Specific instructions and links can be found at norwalkct.gov/meetings. Members of the public may call in to participate. Callers will not be able to see the meeting participants. All participants will be muted upon entering the meeting. To speak, dial *9 on the phone and you will be called on by the host of the meeting during the public comment section. All speakers must state their name and address. Comments must be on a topic on the agenda, and are limited to three minutes. Anyone disrupting the orderly conduct of the meeting, including by using threatening, hateful, or sexually-explicit language, will be removed. Please find the information using the link above. Members of the public who wish to provide "live comments" may also use the Zoom meeting platform. All participants will be muted upon entering the meeting. To speak, click the “raise your hand indicator” and you will be called by the host of the meeting during the public comment section. All speakers must state their name and address. Comments must be on a topic on the agenda, and are limited to three minutes. Anyone disrupting the orderly conduct of the meeting, including by using threatening, hateful, or sexually-explicit language, will be removed. Please find the information using the link above. Members of the public who wish to provide public comment are encouraged to submit those via email in advance of the meeting. For these comments to be included into the record, they must be submitted by 12:00 p.m. the day of the meeting. Please email Michele DeLuca at mdeluca@norwalkct.gov with the subject line “Public Comment” to provide written public comment prior to the meeting. I. CALL TO ORDER II. ROLL CALL III. ACCEPTANCE OF MINUTES A. Regular meeting- February 27, 2025 IV. PUBLIC PARTICIPATION V. NEW BUSINESS A. Authorize the Norwalk Police Department to utilize a noncompetitive procurement justification form with Motorola Solutions for the purchase of investigative equipment with a two year support subscription. Funding is provided by the BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Award #15BJA-24-GG04596-JAGX B. Authorize Mayor Harry W Rilling to execute a second amendment to the Page 1 of 38  Memorandum of Agreement (MOA) by and between the Revovery Network of Programs Inc and the City of Norwalk commencing on October 19, 2024 and ending June 30, 2025 in the amount of $209,958 to be paid from account # 031026-5258 C. Approve the recommended Vape Shops Fees re Vape Shops ordinance: • Application Fee $250.00 • Renewal Fee $250.00 • Duplicate License Fee $30.00 VI. DISCUSSION A. Police Department- Overview of Community Services Division VII. ADJOURNMENT Page 2 of 38  CITY OF NORWALK PUBLIC SAFETY AND GENERAL GOVERNMENT COMMITTEE OF THE COMMON COUNCIL REGULAR MEETING FEBRUARY 27, 2025 Attendance: Jalin Sead, Chair; Heather Dunn; Nicole’ Eaddy; James Frayer; Douglas Sutton Absent: Josh Goldstein; Nicol Ayers Staff: Michele DeLuca, Deputy Director, Emergency Management; Melissa Lepore, Deputy Chief, Norwalk Police Department; Gino Gatto, Chief, Norwalk Fire Chief; Mark Conte, Asst. Fire Chief; Norwalk Fire Department I. CALL TO ORDER Mr. Sead called the meeting to order at 7:00 PM. II. ROLL CALL Mr. Sead called the roll, and all members listed were in attendance. There was a quorum present. III. ACCEPTANCE OF MINUTES A. SPECIAL MEETING: 12/9/24 ** MS. EADDY MOVED TO APPROVE THE MINUTES AS SUBMITTED. ** THE MOTION PASSED WITH THREE (3) IN FAVOR AND ONE (1) ABSTENTION- MR. FRAYER. IV. PUBLIC PARTICIPATION There was no public participation this evening. V. OLD BUSINESS There was no old business discussed. 1 Page 3 of 38  VI. NEW BUSINESS A. AUTHORIZE THE PURCHASING AGENT, SHARON CONNORS, TO ISSUE A PURCHASE ORDER TO THE SOLE BIDDER, BROWN HELICOPTER, INC. 10100 AILERON AVE, PENSACOLA, FLORIDA, 32506 FOR THE PURCHASE OF A REFURBISHED BOAT, METALSHARK 29 VIGILANT NOT TO EXCEED $240,000. THE 25% MUNICIPAL GRANT MATCH OF $60,000 HAS BEEN ALLOCATED FOR IN THE 2022-23 CAPITAL BUDGET. ACCOUNT NO: 33185-5738-G000S Chief Gatto said that in 2021, the Fire Department applied for a Port Security Grant to purchase a used Coast Guard boat for $240,000, and that $180,000 is coming from the government, and $60,000 is the matching portion from the city. It is a 2012 29-foot metal shark boat with a trailer. With the shipping cost, the total is $220,157, which is still below what has been allocated. Mr. Frayer asked if the boat had been surveyed. Chief Gatto said, “No.” Mr. Frayer said he believes it would be prudent to have a survey done when purchasing a used boat. Chief Gatto said the motors have a 90-day warranty, and the boat's collar has a five-year warranty. Mr. Frayer emphasized that it would be prudent to have a survey done, especially since some of the dynamics will be changed, and there may be some issues with the boat's seaworthiness. Mr. Frayer requested further information on the boat at the next meeting. ** MR. FRAYER MOVED TO TABLE THE ITEM. ** THE MOTION PASSED UNANIMOUSLY. B. AUTHORIZE THE DEPARTMENT OF PUBLIC WORKS TO HAVE EVERSOURCE ELECTRIC INSTALL THREE (3) NEW STREET LIGHTS ON THE EXISTING UTILITY POLES ON THE WEST SIDE OF THEODORE LANE AND ONE (1) NEW STREET LIGHT ON THE EXISTING UTILITY POLE IN THE CUL-DE-SAC AT THE SOUTH END OF THEODORE LANE IN ACCORDANCE WITH THE ATTACHED PLAN, AT AN APPROXIMATE COST OF $100 PER MONTH. ACCT NO. 014021-5241 Mr. Sotnik said they had received a request in the form of a neighborhood petition from some of the residents on Theodore Lane requesting four streetlights to be installed. There are currently no streetlights on Theodore Lane, and the petition stated that there have been various safety issues. He has reviewed the request with the Chief of Operations and Public Works, as well as reviewing it in the field and with Eversource and determined that the additional lights will work in this area and would provide a greater level of safety for both the pedestrians and vehicles, especially at the intersection of Murray Street and Theodore Lane. Mr. Sotnik shared the layout of the plan. Mr. Sotnik said the cost will be approximately $25/month per pole for $100/month. Mr. Sead asked if there is a cost for installation. Mr. Sotnik said the city has a contract with Eversource, and they will provide the installation at no cost to the city. There would only be a cost if new poles were installed. The city is only responsible for paying for electricity. 2 Page 4 of 38 ** MR. FRAYER MOVED TO APPROVE THE ITEM. ** THE MOTION PASSED UNANIMOUSLY. VII. DISCUSSION A. CAPITAL BUDGET PLANNING AND PRIORITIES- POLICE AND FIRE DEPARTMENTS Deputy Chief Lepore reported on the capital budget planning and priorities for the Police Department and said they have three projects. The first is for cars and vans, and is for the upkeep of the patrol cars, which had gotten backlogged due to supply issues, and COVID, and are trying to catch up, and are requesting $950,000 for approximately 10 new patrol cars, which are frontline cars and run 24/7. The current cars will retire and have over $150,000 miles on them. Deputy Chief Lepore said the following request is to replace the fuel pumps. They are over 20 years old and have had a lot of usage and wear and tear. The request is for $135,000. Deputy Chief Lepore said the following request is for crisis response equipment for the crisis negotiating team. The request is for $30,000. Mr. Frayer asked if half of the requested cars can be purchased this year and the other half next year. Deputy Chief Lepore said they have been down many vehicles for the past two years and will depend on what is available. Mr. Sead noted that the prices will increase and be more expensive next year. Mr. Sead acknowledges that it has been a tough budget year and appreciates the cuts the police department has made in the operating budget, but asked if they have everything they need. Deputy Chief Lepore said these are the three items they need for next year. Over the next five years, additional items have been requested for the building. Chief Gatto reported on the capital budget planning and priorities for the Fire Department and said it consists of seven projects. The first one is for station 4 to do an addition and renovation to be an eight- person station instead of four. He said the same project was requested in 2024 for 2.5 million dollars and was cut from the budget. The following year, they requested 3 million dollars, and it was cut again, and now this year, a cost analysis was done, and the cost is now 4.1 million dollars, but they are hoping not to need the fire pump, so they are requesting 4 million dollars. Currently, there is one fire engine with four firefighters at that station, so if they are on a call and there is another call in that district, another engine covers it, so we are proposing to move a ladder truck from another station into this new renovated station and then move the rescue truck into the Broad River area which will be accessible to all of the major highways so the city will be more balanced as far as response time is concerned. Mr. Sead asked if that would require additional personnel. Chief Gatto said “no” Chief Gatto said the following request is for the apparatus replacement plan, and they are proposing to replace the ladder truck at the Broad River station. The current truck, which is a 2009, would become a spare truck, and the current spare truck, which is a 1995 ladder truck, would go out to surplus. In fiscal year 2025, we requested a ladder truck for 2.5 million dollars, which was cut from the budget, and are asking it again this year for 2.9 million dollars. The delivery time for the fire apparatus is outrageously long and can take up to four years, but we do not pay for the truck until we take delivery. Mr. Frayer asked why it is being requested in this budget. Chief Gatto said that because we have to go to contract, the 3 Page 5 of 38 purchasing agent requires the money to be in place before going into contract. Mr. Sead noted that by placing the order, the price is locked in, and the price increase will be avoided next year. Mr. Fayer said that smaller trucks were previously discussed for the narrower streets, which are popular in Europe, and asked if any more thought was given. Asst Chief Conte said the way the tiller truck is designed for that reason, and the pumper engine trucks are as short as they can be made, and that is one of the main goals when the trucks are being designed. Chief Gatto said the following request is SCBA harness replacement. The NFPA has changed its standards for breathing apparatuses, and a new one must be purchased for every seat. Asst. Chief Conte provided an overview of the latest standards and said that once we take delivery of these, this will be the final phase. They will be up to NFPA code and guaranteed for at least 10 years for the current code. Chief Gatto said the following request is for the Fire Marshal vehicle replacement plan. The department has been replacing the Fire Marshal and Deputy Fire Marshal’s cars with Ford Rangers and will replace them with two 2012 Ford Escapes. There is an eight-year vehicle replacement plan, which are the last two that need replacement. Chief Gatto said the following request is for a generator replacement at the apparatus maintenance garage. The current generator, a 1989 model that powers the building and some equipment, must be replaced. The request is for $125,000 for the replacement of the generator. Chief Gatto said the emergency operations center's media equipment needs to be replaced. The request is for $100,000. Chief Gatto said the following request is for $50,000 for building repairs. Chief Gatto said the Finance Department recommended all requests except for the $50,000 for the building repairs. Mr. Sead asked if any other items need to be advocated to keep the city safe. Chief Gatto said they have made cuts to the operating budget as requested. Still, the capital budget requests are needed and would benefit the city, especially the renovation of station four and the new apparatus. Asst. Chief Conte said the items that we have requested are the priorities. VIII. ADJOURNMENT ** MR. FRAYER MOVED TO ADJOURN. ** THE MOTION PASSED UNANIMOUSLY. The meeting was adjourned at 8:06 PM. UPCOMING MEETING- MARCH 27, 2025 Respectfully submitted, Dilene Byrd 4 Page 6 of 38 Page 7 of 38 Page 8 of 38 Page 9 of 38  Norwalk Department of Police Service Memo To: Common Council and Public Safety and General Government Committee From: Deputy Chief Melissa Lepore CC: Second Amendment to the Recovery Network Programs, Inc memorandum of Re: agreement with the City of Norwalk dated August 23, 2022 Date: April 24, 2025 The City of Norwalk entered into a memorandum of agreement (MOA) dated August 23, 2022, with the Recovery Network Program (RNP) for embedded social workers within the Norwalk Police Department. The MOA establishes a collaborative relationship between RNP and the City in assisting with the growing need to have social service professional assistance for mental health, social work support and intervention services. The mission of RNP is to restore hope, health, and well-being for individuals and families in a recovery environment that embraces compassion, dignity, and respect. This MOA provides two full-time social workers assigned directly to the police departments Behavioral Health Unit. RNP employees respond and assist to calls for service for appropriate mental health and non-violent substance related calls. RNP employees also conduct mental health assessments, coordinate care, referrals and assertive linkage for emotionally disturbed persons. RNP utilizes local community resources along with an extensive infrastructure of programs to assist in person in need of various treatments. They also conduct aftercare and follow-ups to ensure persons are stabilized, connected to care, thus reducing repetitive calls for service and successful quality of life improvements. We are requesting the following authorization: 1. Authorize Mayor, Harry W. Rilling, to execute a second amendment to the Memorandum of Agreement by and between Recovery Network of Programs, Inc. and City of Norwalk commencing on October19, 2024 and ending June 30, 2025 in the amount of $209,958 to be paid from account 013026-5258. Page 10 of 38 Page 11 of 38 Page 12 of 38 Page 13 of 38 Page 14 of 38 Page 15 of 38 Page 16 of 38 Page 17 of 38 Page 18 of 38 Page 19 of 38 Page 20 of 38 Page 21 of 38 Page 22 of 38 Page 23 of 38 Page 24 of 38 Page 25 of 38 Page 26 of 38 Page 27 of 38 Page 28 of 38 Page 29 of 38  VAPE SHOPS Article I. General Provisions. § ____-1. Purpose. The use of e-cigarettes, or vaping poses serious health risks to the public beyond the effects of tobacco consumption, especially to the City’s youth. It is hereby resolved that Retailers that sell Vape Products in the City of Norwalk are affecting the public health, safety, and general welfare, and as such necessitate regulation and control. § ____-2. Definitions. For the purposes of this Chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: APPLICANT Any person, firm, corporation, or other entity that files an application under this Chapter as a Retailer. BOARD OF HEALTH The Board of Health of the City of Norwalk. CHIEF OF POLICE The Chief of Police of the City of Norwalk, or their designee. CITY CLERK The City Clerk of the City of Norwalk, or their designee. DIRECTOR OF HEALTH The Director of Health of the City of Norwalk, or their designee. RETAILER Any person, firm, corporation, or other entity that owns, operates, or manages any place at which Vape Products are sold. Retailer also includes any person, firm, corporation, or other entity that is required to secure a dealer’s license under Connecticut General Statutes §12-287, as amended from time to time. 1 Page 30 of 38 SALE, SELL, OR SOLD Selling, giving, bartering, exchanging, delivering, or otherwise distributing tobacco products or Vape Products, unless the person is delivering or accepting delivery in such person’s capacity as a Salesperson. Sale or Sell also includes offer to sell, barter, or exchange. SALESPERSON Any person who Sells Vape Products for a Retailer. VAPE PRODUCTS Any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may include nicotine or cannabis and is inhaled by the user of such product. Vape Product does not include a medicinal or therapeutic product that is (A) used by a licensed health care provider to treat a patient in a health care setting, (B) used by a patient, as prescribed or directed by a licensed health care provider in any setting, or (C) a drug or device, as defined in the federal law, as amended from time to time. Article II. License to Sell Vape Products. § ____-3. License Required. It shall be unlawful for any person, firm, corporation, or other entity to sell Vape Products in the City of Norwalk without first having obtained a license to do so from the City Clerk. § ____-4. Filing of Application; Filing Fee. Each Applicant for a license to sell Vape Products shall file an application with the City Clerk and shall pay a filing fee in an amount set by the City Clerk and approved by the Common Council. Such fee is due and payable at the time of application and is not refundable. § ____-5. Contents of Application; Information Required. The application for a license to sell Vape Products shall (a) be in a form prescribed by the City Clerk, (b) be signed and sworn by the Applicant, and (c) include the following information: A. If the Applicant is a natural person, then they shall provide their name, residential address, business address and date of birth. If the Applicant is not a natural person, then it shall provide the names, residential addresses, business addresses and date of birth of each shareholder, director, officer, member, or partner of the Applicant, B. If the Applicant is a natural person, then they shall provide two portrait photographs of themself, at least two inches by two inches, and a complete set of their fingerprints. If the 2 Page 31 of 38  Applicant is not a natural person, the Application shall include two portrait photographs and a complete set of fingerprints of each shareholder, director, officer, member, or partner of the Applicant. Said fingerprints shall be taken by the Chief of Police, who shall also conduct a criminal background check. C. If the Applicant is a natural person, then they shall provide a list of all criminal convictions, except minor traffic violations. If the Applicant is not a natural person, then it shall provide a list of all criminal convictions, except for minor traffic violations, of each shareholder, director, officer, member, or partner of the Applicant. D. The location of the establishment where Vape Products are to be Sold. E. Plans for the physical layout of the establishment. F. A list of the type of Vape Products to be Sold. G. Copies of all required certificates, permits and licenses, showing proper compliance with all applicable rules, regulations, ordinances, and statutes, including zoning, building and health laws and regulations. H. A written statement that the Applicant has or will provide training to all the Applicant’s Salespersons on the Sale of Vape Products, including: (1) that the Sale of Vape Products to a person under the age of 21 years of age is illegal, (2) what proof of age is legally acceptable, and (3) that a Sale to a person under 21 years of age can subject the Retailer to a monetary fine and suspension of the license to sell Vape Products. I. Such other information the City Clerk shall deem necessary to determine whether the Applicant is eligible for a license under this Chapter. § ____-6. Application; Notification of Denial. Applications for licenses to sell Vape Products shall be submitted to the City Clerk not less than 60 days after the effective date of this Chapter for an existing establishment or for the opening of a new establishment. A copy of the application shall be simultaneously submitted to the Chief of Police and the Town Clerk. Any license issued under this Chapter shall be valid until the next renewal date unless suspended or revoked. Upon denial of an application, the City Clerk shall notify the Applicant in writing not less than 30 days after receipt. The denial shall include the facts and specific sections of this Chapter upon which the determination was made. Notification shall be sent by certified mail to the Applicant’s residence or place of business. Said notification shall be deemed complete seven days following the date of mailing. § ____-7. Issuance of License. A. The City Clerk shall issue a license to sell Vape Products within 45 days following receipt of the application, provided the application complies with the provisions of this Chapter and upon finding: (1) All requirements concerning operations and facilities described in this Chapter will be 3 Page 32 of 38  complied with as of the effective date of the permit. (2) Compliance with all other statutes, codes or ordinances, including health, zoning, building, fire and safety requirements of the City and the State of Connecticut as of the effective date of the license. (3) Applicant/Retailer has not had two or more violations of any provision of the Norwalk City Code within the last 24 months. (4) Applicant/Retailer has no outstanding violations of any provision of the Norwalk City Code. (5) Neither the Applicant, if a natural person, nor any shareholder, director, officer, member, or partner of the Applicant, if the Applicant is not a natural person, has been convicted of any felony. (6) The Applicant is at least 21 years of age. B. Upon issuance, the license shall be valid for a period beginning with the date of the license to the first day of January next succeeding the date of license unless sooner suspended or revoked in accordance with this Chapter, or unless the Retailer to whom it was issued discontinues the business. In either case, the holder of the license shall immediately return it to the City Clerk. § ____-8. Retailer’s Requirement to Display License. A Retailer’s license shall be visible to the public inside the Retailer’s establishment at all times. In the event of mutilation or destruction of such license, a duplicate copy, marked as such, shall be issued by the City Clerk, upon application accompanied by the mutilated license or, if the license has been destroyed, an affidavit signed and sworn by the Retailer attesting to such fact and the circumstances of such destruction. A fee for such duplicate license shall be set by the City Clerk and approved by the Common Council. § ____-9. Renewal of License. A license to sell Vape Products may be renewed in accordance with the following: A. Applications for renewal shall be made at least 90 days before expiration and shall be in the form prescribed by the City Clerk and signed and sworn by the Applicant. B. Each application for renewal of a license shall be accompanied by a nonrefundable fee in the amount set by the City Clerk and approved by the Common Council. Such fee is due and payable at the time of the application for renewal. C. The City Clerk shall renew each license upon making the findings required for issuance of the original license. D. No license shall be renewed if: (1) the Applicant/Retailer is in violation of any provision of this Chapter; (2) the Applicant/Retailer has any outstanding violations or fines pursuant 4 Page 33 of 38  to any Norwalk City Code provision; (3) the Applicant/Retailer has two or more violations of any provision of the Norwalk City Code within the last 24 months; or (4) the current license of the Applicant/Retailer has been suspended or revoked. E. A license shall not be transferable, including from one Retailer to another Retailer or from one location to another location; provided, however, that in the case of a natural person, upon the death or incapacity of the Retailer who obtained the license, the establishment may continue in business for a period not to exceed 60 days to allow for an orderly transfer of the business to a successor licensee. During this period, the successor must complete all the steps required under this Chapter for obtaining an initial license. F. If renewal of the license is denied, the City Clerk shall notify the Applicant/Retailer in writing not less than 30 days before expiration of the license including the facts and specific section or sections of this Chapter upon which this determination was made. Notification shall be sent by certified mail to the Applicant/Retailer’s residence or place of business. Said notification shall be deemed complete seven days following the date of mailing. Article IV. Compliance; Violations and Penalties. § ____-10. No Sales to Minors. A. No Retailer or Salesperson shall Sell any Vape Product to any person under the age of 21 years of age. B. The Retailer or Salesperson Selling any Vape Products must request and examine the identification card issued in accordance with the provisions of the Connecticut General Statutes, as amended from time to time, for anyone who appears to be under the age of 30 and verify proof of age demonstrating the recipient is at least 21 years of age before Selling any Vape Products. C. That a person appeared to be over the age of 21 shall not constitute a defense to a violation of this section. If a person fails to provide such proof of age, such Retailer or Salesperson shall not Sell any Vape Products to the person. § ____ -11. Signage. “The Sale of Vape Products to Persons Under 21 is Prohibited” signs shall be legibly printed in letters at least one-half inch high and shall be posted clearly and conspicuously in every location where the products are available for purchase. Signage shall be in multiple languages, including but not limited to, Spanish and Haitian-Creole, as needed to be consistent with other facility postings. § ____ -12. Inspection. The Director of Health and/or the Chief of Police may, from time to time, make an inspection of each Retailer operating within the City for the purposes of determining compliance with the 5 Page 34 of 38 provisions of this Chapter. Such inspections shall be at a reasonable time and in a reasonable manner. Inspections of a Retailer’s establishment shall include, but not be limited to, examination of products, records, advertising materials, signage, and the physical premises to ensure compliance with this Chapter. It shall be a violation of this Chapter for any person to fail or refuse to allow such inspection or to hinder such inspection in any manner. § ____-13. Violations and Penalties. A. Violations. (1) Any Retailer who violates any of the provisions of this Chapter shall be guilty of an infraction and subject to civil penalty fine, suspension, and/or revocation of license. Each violation, and every day in which a violation occurs, shall constitute a separate and distinct infraction. (2) In the event that a violation has occurred, the City Clerk shall have 30 days from the date of the violation to issue notice of said violation via written order to the Retailer. The order shall specify the section of this Chapter of which the Retailer is in violation and shall specify the penalty for non-compliance. Notification shall be sent by certified mail to the Applicant’s residence or place of business. Said notification shall be deemed complete seven days following the date of mailing. (3) A Retailer shall be found in violation of this Chapter if: (a) The Retailer or any Salesperson Sells Vape Products to any person under the age of 21 years. (b) The Retailer fails to post signage and license as required. (c) The Retailer fails to pay any fines imposed in accordance this Chapter. (d) The Retailer or any Salesperson Sells or uses on the premises any narcotic substance or any controlled drug as defined in Section 21a-242 of the Connecticut General Statutes, as amended from time to time. (e) The Retailer fails to maintain standards prescribed by the Connecticut Department of Public Health or the City’s Health Department, or their respective successors. (f) The Retailer or any Salesperson refuses to submit to the City Clerk any reports or make available any records required in investigating the establishment for the purpose of ensuring compliance with this Chapter. (g) The Retailer or any Salesperson fails or refuses to submit to an investigation by persons authorized by law to conduct fire, building, health, or law enforcement related inspections. (h) The Retailer or any Salesperson violates state or local Vape Products sales and use laws. 6 Page 35 of 38  (i) The Retailer or any Salesperson violates any of the provisions of this Chapter, or any rules and regulations established by the City Clerk, pursuant to this Chapter. (j) The Retailer or any Salesperson furnishes or makes any misleading or false statements or reports in relation to this Chapter, including in connection with an application for an initial or renewal license or an inspection under this Chapter. (k) Upon suspension or revocation of a license, the Retailer fails to remove all Vape Products from the premises. B. Penalties. (1) If the Chief of Police or the Director of Health find that a Retailer is in violation of this Chapter, it shall be punishable by a fine, suspension, and/or revocation of license as follows: (a) Upon the first violation of this Chapter, the Chief of Police, the Director of Health, or their respective designees, shall impose a fine of $250.00. (b) If a second violation of this Chapter is issued within a 12-month period following the first violation, the Retailer’s license shall be suspended for 6 months by the Director of Health. Upon suspension of a license, all Vape Products shall be removed from the premises. Failure to remove shall constitute a separate violation for each and every day of noncompliance. (c) If a third violation of this Chapter is issued within a 24-month period following the first violation, the Retailer’s license shall be revoked by the Director of Health. Upon revocation of a license, all Vape Products shall be removed from the premises. Failure to remove shall constitute a separate violation for each and every day of noncompliance. C. Upon suspension or revocation of a license, all Vape Products shall be removed from the premises within 7 days from the date of suspension or revocation. Article III. Hearings. § ____-14. Notification of revocation or suspension; hearing. The City Clerk may revoke or suspend any license issued pursuant with this Chapter in accordance with the following procedure: A. The City Clerk may revoke or suspend any license issued under this Chapter by notifying the Retailer in writing of such revocation or suspension, and the reasons therefor, and informing the Retailer of their right to request a hearing before the Board of Health and the procedure for such hearing, including all procedural deadlines. 7 Page 36 of 38 B. Notice of revocation or suspension shall be sent to the Retailer by certified mail to the Retailer’s residence or place of business. Said notification shall be deemed complete seven days following the date of mailing. C. A request for hearing must be delivered to the City Clerk within 20 days following the date of mailing of the notice of revocation or suspension. D. A hearing shall be scheduled to commence within 60 days following the date of actual receipt by the City Clerk of the request for a hearing. E. The City Clerk shall schedule the hearing on behalf of the Board of Health, and shall notify the Retailer by certified mail addressed to the Retailer’s residence and business addresses, of the date, time and place of the hearing, not less than 20 days prior to the hearing. F. At any hearing held under this section, the City Clerk and the Retailer may present any pertinent and material written and testimonial evidence, and shall have the right to cross- examine all witnesses. Witnesses shall testify under oath or affirmation. G. The City Clerk shall have the burden of proving the facts and circumstances that warrant the revocation or suspension of a license. H. The Board of Health shall render a written decision on the appeal within 20 days following the conclusion of the hearing. Said decision shall state whether the appeal is dismissed or sustained, the facts and circumstances found to support the decision, and shall state the relief ordered, if any. I. A request for a hearing under this section shall stay any revocation or suspension until such time as a hearing has been held and a decision rendered thereon; provided, however, that if the Board of Health finds that the public health, safety, or welfare requires emergency action and incorporates a finding to that effect in the notice of revocation or suspension, the Retailer may be suspended immediately, pending a hearing thereon, which hearing shall be promptly instituted and all facts and issues promptly determined. J. The criminal arrest for a felony, on or off the premises, of the Retailer, if a natural person, or any shareholder, director, officer, member, or partner of the Retailer, if the Retailer is not a natural person, shall constitute an emergency requiring the immediate suspension of a license pending a hearing. § ____-15. Hearing on Denial of License or Renewal. A. An Applicant aggrieved by the denial of a license to operate an establishment that Sells Vape Products or by the denial of renewal of such license may request, in writing, a hearing before the Board of Health, at which hearing such person shall be afforded the 8 Page 37 of 38  opportunity to present evidence and argument on all facts or issues involved. B. The City Clerk shall, upon receiving a request for a hearing under this section, schedule a hearing not later than 60 days from the date of actual receipt of the request and shall notify all parties of the time and place thereof. C. The Applicant shall have the burden of proving that the requirements for the issuance of a license has been met. D. The Board of Health shall render a decision within 35 days of the date of said hearing and shall notify the Applicant party and the City Clerk by certified mail. § ____-16. Appeal. Any person aggrieved by any order or decision under this chapter may, within 10 days of such order or decision, appeal therefrom to the Superior Court judicial district at Stamford/Norwalk. Article IV. Effective Date. This Chapter shall take effect on August 1, 2025. 9 Page 38 of 38