(a) Failure to Purchase a License. A violation of Section 761.05 of this regulation subjects the licensee, or anyone required to have a license, to a fine of one hundred dollars ($100.00) per day. The Health Commissioner or designee shall have the authority to enforce this section.
(1) In the case of a first violation, the fine of two hundred dollars ($200.00) will be imposed. This fine will be waived if the licensee and (in the case of an illegal sale) the sales clerk (if other than the licensee) have a hearing with the Health Commissioner and develop a plan for appropriate corrective action. The licensee shall be notified in writing of the violation. The licensee may request a hearing with the Health Commissioner within fourteen (14) days of the mailing of notice of violation. The Ashtabula City Board of Health may continue hearing dates. The licensee will be notified in writing of the penalties levied for further violations.
(2) In the case of a second violation of any of the above noted sections in subsection (b) hereof, in a two-year period, the licensee shall be fined four hundred dollars ($400.00). If the violation results from a sale to any person under twenty-one (21) years of age (Section 761.04).
(3) In the case of a third violation in a two-year period, the license shall be suspended for three consecutive business days and fined six hundred dollars ($600.00). Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended. (Signage issued by the Ashtabula City Board of Health, notifying the public of vendor license suspension, will be posted.)
(4) In the case of four violations within a two-year period, the license shall be suspended for thirty (30) days and fined eight hundred dollars ($800.00). Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended. (Signage issued by the Ashtabula City Board of Health, notifying the public of vendor license suspension will be posted.)
(5) In the case of five or more violations within a two-year period, the license shall be suspended for six (6) months and fined one thousand dollars ($1000). Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended. (Signage issued by the Ashtabula City Board of Health, notifying the public of vendor license suspension, will be posted.)
(6) The Health Commissioner or designee shall evaluate license locations for compliance with Sections 761.01 through 761.13. The licensee shall be notified in writing of the results of the above evaluations. In the event a violation(s) is/are alleged, the licensee shall be notified in writing of said violation(s) by certified Inail or personal service. If a licensee receives notification of a violation, said licensee may request an evidentiary hearing before the Ashtabula City Board of Health. In that event, the licensee must request the aforesaid evidentiary hearing through the Ashtabula City Health Commissioner within thirty (30) days following notification of the violation(s). Rulings made by the Ashtabula City Board of Health regarding fines or license suspensions shall be final.
(Ord. 2019-125. Passed 11-4-19.)
CITY OF ASHTABULA