(A) In addition to any other penalties and remedies provided by law, including the provisions of this chapter, any violation of the provisions of this chapter may be charged as a misdemeanor pursuant to Chapter 1.12 of this code, or, in the discretion of the prosecutor, as an infraction. Any person who violates any provision of this chapter is subject to an administrative citation pursuant to Chapter 1.13 as well as a civil action, including but not limited to, an injunction, as well as prosecution for any criminal violation.
(B) In addition to any other penalty under this chapter, a person found to have engaged in tobacco retailing without a valid tobacco retail license shall be ineligible to apply for or be issued a tobacco retail license as follows:
(1) After a person is caught in violation of this section, no new tobacco retail license may be issued for the person as a proprietor until 30 days have passed from the date of the violation; and
(2) Each day that a person engages in tobacco retailing without a valid tobacco retail license shall constitute a separate violation.
(C) Any person found by the Director to be ineligible to be issued a tobacco retail license pursuant to this section may request an administrative review within ten days of notice of the violation. The request must be made to the Director in writing. Any administrative review shall be held pursuant to the provisions of § 5.90.140 of this chapter.
(D) Violations of this chapter are hereby declared to be public nuisances pursuant to this code.
(Ord. 4786, passed 5-10-21)