For a first or second alleged violation of this chapter within any 60-month period, the City Attorney or, if so designated by the City Manager, County Counsel, may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the City Council. Notice of any settlement shall be provided to the Department and no hearing shall be held. Settlements shall not be confidential and shall contain the following minimum terms:
(A) After a first alleged violation of this chapter at a location within any 60-month period:
(1) An agreement to stop acting as a tobacco retailer for at least one day;
(2) A settlement payment to the city of at least $1,000; and
(3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
(B) After a second alleged violation of this chapter at a location within any 60-month period:
(1) An agreement to stop acting as a tobacco retailer for at least ten days;
(2) A settlement payment to the city of at least $5,000; and
(3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
(Ord. 2796 § 13, 2005.)