(a) Tobacco Retailers. Any tobacco retailer found to have violated this chapter in person, by agent, representative, or employee or in any other way shall be subject to:
(1) For a first violation, a fine no less than one thousand dollars ($1,000);
(2) For a second violation within a thirty-six-month period, a fine no less than two thousand five hundred dollars ($2,500) and the tobacco retailer shall be prohibited from distributing tobacco products for a minimum of thirty days;
(3) For a third violation within a thirty-six-month period, a fine no less than five thousand dollars ($5,000), revocation of the current tobacco retail license, and prohibition from distributing tobacco products for a period of three years.
(b) Related Violations. A violation of any federal, state, or local law, ordinance provision, or other regulation relating to tobacco products is also a violation of this chapter and shall be considered an enumerated violation under this chapter. In addition to any other penalty, a tobacco retailer who violates any provision of this chapter or any federal, state, or local law, ordinance provision, or other regulation relating to tobacco products, shall be subject to penalties stated in this chapter, including fines and a prohibition of the distribution of tobacco products.
(c) Exceptions.
(1) Nothing in this chapter prohibits an underage person from handling tobacco products in the course of lawful employment by a tobacco retailer.
(2) Nothing in this chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.
(d) Enforcement Process. Franklin County Public Health is authorized to do Compliance Checks.
(1) If a Compliance Check establishes probable cause for violation(s) other than sale to an underage person, Franklin County Public Health may take one or more of the following actions to resolve the violation:
A. The Franklin County Public Health representative may speak to the Tobacco Retailer to establish compliance if such compliance may be established through immediate action.
B. Franklin County Public Health may also send a certified letter to the Tobacco Retail Establishment at the address listed on the TRL Certificate of Compliance. The letter shall cite the section number of the code that is being violated and what must be done to bring the establishment into compliance. The letter will be signed by the Franklin County Public Health employee who has direct knowledge of the violation(s). The Tobacco Retailer shall be audited for compliance within seven days of receipt of the certified letter by the Tobacco Retail Establishment.
C. If the Tobacco Retail Establishment has not brought the establishment into compliance with this chapter within seven days of receipt of the certified letter referenced in subsection B. above, Franklin County Public Health shall refer the violation(s) to the City Attorney's Office to issue a civil penalty.
(2) If a Compliance Check established probable cause for selling to an underage person, Franklin County Public Health shall refer the violation(s) to the City Attorney's Office to issue a civil penalty.
(Ord. 48-22. Passed 3-7-23.)