4-64-905 Fines – Price floor, coupon prohibition, and package size violations.

   Except as otherwise provided in Section 4-64-820(d), and in addition to any other penalty provided by law: any person found liable for a first offense for violating Article VIII of this Chapter or any rule promulgated thereunder shall be punished by a fine of not less than $1,000.00 nor more than $2,000.00. Any person found liable for a second offense, occurring within five years of the first offense, for violating Article VIII of this Chapter or any rule promulgated thereunder shall be punished by a fine of not less than $2,500.00 nor more than $3,500.00. Any person found liable for a third offense, occurring within five years of the first offense, for violating Article VIII of this Chapter or any rule promulgated thereunder shall be punished by a fine of not less than $5,000.00 nor more than $7,500.00. Each day that a violation continues shall constitute a separate and distinct offense. For purposes of this section, multiple violations occurring on the same date shall be deemed a single violation.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 18)

4-64-910 Fines – Underage tobacco violations.

   (a)   Violations of Section 4-64-345. Any person who violates Section 4-64-345 shall be punished by a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (b)   Violations of Section 4-64-360 and Section 4-64-500(4)(i). Any person who violates Sections 4-64-360 or 4-64-500(4)(i) shall be punished by a fine of not less than $200.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 19; Amend Coun. J. 1-18-23, p. 59711, § 1)

B. REVOCATION (4-64-930 et seq.)

Editor's note – Subarticle designation amended by Coun. J. 1-18-23, p. 59711, § 1.

4-64-930 License revocation for a single offense – Authorized.

   In addition to any other penalty provided by law, any tobacco license issued under this Chapter may be revoked by the Commissioner in accordance with Section 4-4-280 at any time upon violation by the licensee of any provision of this Chapter or applicable federal or State law.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 9)

4-64-935 License revocation – Required when.

   (a)   In addition to any other penalty provided by law, if a person commits or has committed any combination of three or more violations within any 24-month period of Sections 3-42-020, 3-42-025, 3-42-060, 3-42-100, 4-64-340, 4-64-345, 4-64-350, 4-64-355(b), 4-64-355(c), 4-64-360, 4-64-400(1), 4-64-500(1), 4-64-500(3), 4-64-500(4)(i), 4-64-510(3), 4-64-515, 4-64-710, 4-64-810, 4-64-820 and 4-64-830, the Commissioner shall revoke that person's licenses. If a person commits two or more violations within any 48-month period of Section 4-64-350, the Commissioner shall revoke that person's licenses. For purposes of this section: (1) "licenses" includes any and all licenses issued by the City of Chicago to engage in business operations at the location at which the violations occurred; (2) multiple offenses occurring on the same date shall be deemed a single violation while offenses occurring on separate dates shall be deemed separate violations; and (3) a "violation" may include a finding of liability or a finding sustaining the offense or offenses charged in the same or in any contemporaneous proceeding or evidence of any previously resolved final disposition against the licensee on a charge brought pursuant to one of the Code provisions listed above including but not limited to any finding of liability after adjudication on the merits, any default finding of liability, any uncontested finding of liability, any negotiated pre-hearing settlement of the charge, and any voluntary payment of the fine corresponding to the charge. A person subject to revocation pursuant to this subsection shall be entitled to the process described in Section 4-4-280, with the condition that any revocation hearing shall be limited to the issue of whether the licensee's record and the resolution of any pending charges in the same or contemporaneous proceedings, if applicable, accurately reflect the existence of a sufficient number of violations to support the revocation decision. The licensee shall not be permitted to challenge the previously resolved violations themselves, nor any underlying facts asserted or determined therein.

   (b)   When any license issued pursuant to this Chapter is revoked for any cause, no tobacco license for any covered business activity shall be granted to such person for any premises for a period of four years thereafter. In the case of a legal entity, all persons who have a substantial ownership or controlling interest in the entity shall be subject to the prohibition in this subsection.

   (c)   When a tobacco license under this Chapter is revoked for any cause, no tobacco license under this Chapter shall be granted to any person for any covered business activity for a period of one year thereafter for the premises described in such revoked license unless the revocation order was entered as to the licensee only.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 20; Amend Coun. J. 6-25-21, p. 31925, Art. IX, § 4)

C. NON-RENEWAL (4-64-940 et seq.)

Editor's note – Subarticle designation amended by Coun. J. 1-18-23, p. 59711, § 1.

4-64-940 Nonrenewal of licenses.

   (a)   In addition to any other penalty provided by law, if a licensee under this Chapter commits or has committed any combination of three or more violations within any 24-month period of Sections 3-42-020, 3-42-025, 3-42-060, 3-42-100, 4-64-340, 4-64-345, 4-64-350, 4-64-355(b), 4-64-355(c), 4-64-360, 4-64-400(1), 4-64-500(1), 4-64-500(3), 4-64-500(4)(i), 4-64-510(3), 4-64-515, 4-64-710, 4-64-810, 4-64-820 and 4-64-830, the licensee shall be subject to nonrenewal of the license. If a person commits two or more violations within any 48-month period of Section 4-64-350, the licensee shall be subject to nonrenewal of the license. The Commissioner may decline to renew such license, subject to the procedure described in subsection (b) of this section. For purposes of this section, multiple offenses occurring on the same date shall be deemed a single violation, while offenses occurring on separate dates shall be deemed separate violations, and "violation" means any final disposition against the licensee on a charge brought pursuant to one of the Code provisions listed above, including but not limited to any finding of liability after adjudication on the merits of the charge, any default finding of liability, any uncontested finding of liability, any negotiated pre-hearing settlement of the charge, and any voluntary payment of the fine corresponding to the charge.

   (b)   In the event of a nonrenewal decision pursuant to subsection (a) of this section, the Commissioner shall notify the licensee in writing of the basis for that decision. The Commissioner shall send such notice to the licensee no later than 45 days before the date the license is scheduled to expire. Within 10 days after such notice is mailed, the licensee may make a written request to the Commissioner for a hearing. A notice of hearing shall be mailed within 10 days of receipt of the request for hearing, providing at least 5 days’ notice before the hearing date. The hearing shall be limited to the issue of whether the licensee’s record accurately reflects the existence of a sufficient number of violations to support nonrenewal. The licensee shall not be permitted to challenge the violations themselves, nor any underlying facts asserted or determined therein. The Commissioner shall issue a ruling in a timely manner following the hearing, which shall constitute a final determination for purposes of judicial review. If the Commissioner does not provide notice of nonrenewal at least 45 days prior to the date the license is scheduled to expire, and has not issued a ruling by that date, the expiration of the license shall be stayed pending the ruling.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5; Amend Coun. J. 4-18-18, p. 76348, § 21; Amend Coun. J. 6-25-21, p. 31925, Art. IX, § 5)

4-64-945 Effect of nonrenewal.

   (a)   Any person whose tobacco license under this Chapter is not renewed pursuant to Section 4-64-940 shall, for a period of one year following the expiration date of such license, be ineligible for the issuance of a new tobacco license for any covered business activity at the same location.

   (b)   Any person who has a substantial ownership or controlling interest in an entity whose tobacco license is not renewed pursuant to Section 4-64-940 shall, for a period of one year following the expiration date of such license, be ineligible for the issuance of a new tobacco license for any covered business activity at the same location. This ineligibility shall also apply to the issuance of a new tobacco license to any other entity in which the disqualified person has a substantial ownership or controlling interest.

   (c)   The parent, child, sibling, spouse or domestic partner of a person who is ineligible for the issuance of a tobacco license under subsection (a) or (b) of this section shall, during that period of ineligibility, be ineligible for the issuance of a new tobacco license for any covered business activity at the same location as the licensed premises that was subject to the nonrenewal causing the ineligibility under subsection (a) or (b) of this section.

(Added Coun. J. 4-19-17, p. 48180, Art. IV, § 5)

D. OTHER ENFORCEMENT PROVISIONS (4-64-950 et seq.)

Editor's note – Subarticle designation amended by Coun. J. 1-18-23, p. 59711, § 1.