(A) (1) Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine of $100 for a first violation; $200 for a second offense at the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days.
(2) Other individuals, other than minors regulated by division (A)(3) below, found to be in violation of this chapter shall be charged an administrative fine of $50.
(3) Minors found in unlawful possession or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devises, shall be issued a citation and processed through the Criminal Justice Intervention Project, as established by County Court Services.
(B) Nothing in this chapter shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law.
(Ord. 42, passed 2-10-98)