§ 111.99 PENALTY.

   (A)   Any person violating any provisions of this chapter, for which no specific penalty is prescribed, shall be subject to § 10.99.

   (B)   (1)   A violation of §§ 111.01 through 111.04, or of any law involving the sale of an alcoholic beverage, is a misdemeanor and is subject, upon conviction, to the penalties as provided in § 10.99. Additionally, an employee possessing a beer handler’s permit who is convicted of any law involving the sale of an alcoholic beverage is not only subject to the penalties in § 10.99, but shall incur a suspension of the employee’s beer handler’s permit as follows:

         (a)   First violation: Automatic suspension of the employee’s beer handler’s permit for a period of one year;

         (b)   Second violation: Automatic suspension of the employee’s beer handler’s permit for a period of one year; and

         (c)   Any subsequent violation: Automatic suspension of the employee’s beer handler’s permit for a period of three years.

      (2)   The licensee shall report any known violation involving the sale of an alcoholic beverage to the County Health Department within 30 days.

      (3)   Any violation of §§ 111.01 through 111.04 by a licensee, or any employee of the licensee, shall subject the licensee to the following penalties:

         (a)   Upon a first violation of §§ 111.01 through 111.04 the licensee shall be issued a warning;

         (b)   Upon any violation of §§ 111.01 through 111.04 which occurs within 24 months of a prior violation, the licensee shall pay a civil fine of $250;

         (c)   Upon any violation of §§ 111.01 through 111.04 which occurs within 24 months of two prior violations, the licensee shall pay a civil fine of $500, and the licensee shall have its license to sell beer suspended for a period of three consecutive days, on a Thursday through Saturday; and

         (d)   Upon any violation of §§ 111.01 through 111.04 which occurs within 24 months of three prior violations, the licensee shall pay a civil fine of $500, and the licensee shall have its license to sell beer suspended for a period of 30 consecutive days. Additionally, the licensee shall be placed on probation for a period of one year. Any violation of §§ 111.01 through 111.04 by the licensee, or any employee of the licensee, during the period of probation shall result in the revocation of the licensee’s license to sell beer. The licensee shall not be eligible to reapply for a new license for at least six months from the date of revocation.

            1.   Failure to pay any fine imposed for a violation of any provision of §§ 111.01 through 111.04 within 30 days of the imposition of such fine shall be grounds for revocation of the licensee’s license to sell beer.

            2.   Nothing in §§ 111.01 through 111.04 shall limit the rights and powers of the County Commission to grant, refuse to grant, or revoke a licensee’s license to sell beer.

(Ord. 03-2004, passed 7-3-2004)