(A) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fee of $75 for a first violation of this chapter, $200 for a second violation at the same licensed premises within a 24-month period; and $250 for a third or subsequent violation at the same location within a 24-month period. In addition, after the third violation, the license shall be suspended for not less than seven days for each violation.
(B) Other individuals. Other individuals, other than minors regulated by division (C) below, found to be in violation of this chapter shall be charged an administrative fee of $50 in addition to those sanctions imposed upon the licensee.
(C) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices, shall be subject to the penalty as prescribed by the hearing officers from time to time which may include, but is not limited to, a fee, attendance at tobacco related education classes, diversion programs or community services.
(D) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter.
(E) Unlicensed sellers. Individuals selling tobacco, tobacco products and tobacco related devices without first obtaining a license to do so pursuant to this chapter shall be charged an administrative fee of $200.
(Ord. 79, passed 2-2-1998)