(A) Grounds for fine. If the City Manager or his designee, after giving notice and an opportunity to be heard, finds a person is selling or offering tobacco products for sale without a required tobacco retailer's permit, that person may be subject to an administrative fine, as permitted under Government Code Section 53069.4, as follows:
(1) Up to a maximum of $100 for a first violation;
(2) Up to a maximum of $200 for a second violation within one year;
(3) Up to a maximum of $500 for the third and subsequent violations within one year.
(B) Fine procedures. Notice of the fine shall be served on the tobacco retailer or person who is owner of the establishment by certified mail and shall be deemed properly served and delivered if mailed to the address shown on the business license for the establishment. The notice shall contain an advisement of the right to request a hearing before the City Manager or his designee contesting the imposition of the fine. Said hearing must be requested within ten days of the date of the notice of the fine.
(C) Appeal to the Small Claims Court. Any fine imposed by the City Manager may be appealed by filing claim with the Small Claims Court.
(D) Failure to pay fine. Prior to the issuance of any license by the Contra Costa Health Services, any outstanding fines must be paid.
(E) Fine and license separate. The administrative fine provided for in this section is separate and apart from the tobacco retailer's license issued by the Director and for which a separate fee is obtained.
(Ord. 961-C-S, passed 9-14-99)