A. In addition to any other remedy authorized by law, the following penalties shall be imposed if the City finds that the permittee or his or her agents or employees has or have violated any of the provisions of this article:
1. Upon a finding by the City of a first violation within any five (5) year period, the permittee shall pay a civil penalty to the City in the amount of two hundred fifty dollars ($250.00).
2. Upon a finding by the City of a second violation within any five (5) year period, the tobacco and electronic cigarette retailer permit shall be suspended for ninety (90) days and the permittee shall pay a civil penalty to the City in the amount of seven hundred fifty dollars ($750.00).
3. Upon a finding by the City of a third violation within any five (5) year period, the tobacco and electronic cigarette retailer permit shall be revoked and the permittee shall pay a civil penalty to the City in the amount of one thousand dollars ($1,000.00).
B. A tobacco or electronic cigarette retailer permit shall be revoked if the City finds that either one or both of the following conditions exist:
1. One or more of the bases for denial of a permit under section 4-2-2106 of this article existed at the time the application was made or at any time before the permit was issued.
2. The information contained in the permit application, including supplemental information, if any, is found to be false in any material respect.
C. In the event the City suspends or revokes a permit, written notice of the suspension or revocation shall be served upon the permittee within five (5) days of the suspension or revocation in the manner prescribed in section 4-2-2106 of this article. The notice shall contain:
1. A brief statement of the specific grounds for such suspension or revocation;
2. A statement that the permittee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of section 4-2-2112 of this article, to the City Clerk, within ten (10) calendar days of the date of service of the notice; and
3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all rights to an administrative appeal hearing, and the suspension or revocation will be final.
D. A permittee for whom a permit suspension is in effect must remove all tobacco products, tobacco and electronic cigarette paraphernalia and tobacco and electronic cigarette related advertising from public view at the address that appears on the suspended permit. (Ord. 14-O-2657, eff. 6-1-2014)