(A) Any violation of the terms of a license or the provisions of this chapter shall be cause for an administrative financial penalty and/or suspension or revocation of the license. The following minimum penalties are deemed appropriate for a licensee’s failure to comply with an applicable statute, rule, ordinance, or term of the license. However, the level and order of the penalties shall be at the sole discretion of the City Council, based on the nature of the infraction and the City Council may suspend or revoke a license for any violation of this chapter or any applicable law. When appropriate, the City Council may impose penalties exceeding those stated below or impose other conditions deemed appropriate. The following minimum penalties are established for violations of the terms of a license or the provisions of this chapter:
(1) The first violation shall result in an administrative penalty of $550 to the license holder payable to the city and result in a 1-day license suspension. Failure to pay the administrative penalty within 30 days from the date of invoice shall result in an additional 2 day license suspension.
(2) A second violation within 24 months shall result in an administrative penalty of $750 payable to the city and result in a 10-day license suspension. Failure to pay the administrative penalty within 30 days from the date of the invoice shall result in an additional 10-day license suspension.
(3) A third violation within 24 months, or for sales during a license suspension, shall result in a minimum administrative penalty of $250 and license revocation.
(B) An individual who sells licensed products to a person under the age of 18 years shall be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Council. A decision that a violation has occurred must be in writing.
(C) Licensees whose licenses have been revoked shall not be eligible for another tobacco license for one year from the date of revocation. The City Council may attach reasonable conditions to the reinstatement of a suspended or revoked license.
(Ord. 480, passed 11-25-1996; Am. Ord. 662, passed 11-28-2016; Am. Ord. 691, passed 8-26-2019)