(A) Administrative review.
(1) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.
(2) Hearings. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
(3) Hearing Officer. The Council shall serve as the Hearing Officer.
(4) Decision. If the Hearing Officer determines that a violation of this chapter did occur, that decision, along with the Hearing Officer's reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the Hearing Officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the Hearing Officer shall be filed in the District Court for the city in which the alleged violation occurred.
(6) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this section.
(7) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(B) Administrative penalties.
(1) Licensees. Any licensee cited for violating this chapter, or whose employee has violated this chapter, will be charged an administrative fine of $300 for a first violation; $600 for a second offense at the same licensed premises within a 36 month period; and $1,000 for a third or subsequent offense at the same location within a 36 month period from the first violation. Upon the third violation, the license will be suspended for a period of not less than 30 consecutive days and may revoked. Upon a fourth violation within a 36 month period from the first violation, the license will be revoked.
(2) Employees of licensees and other individuals. Individuals 21 years of age and older who are found to be in violation of this chapter are required to complete an instructional program regarding the requirements of the tobacco retail licensing and may also be charged an administration fine of no more than $50.
(2003 Code, § 6.35-11) (Ord. 80, passed 10-29-1998; Ord. 219, passed 8-21-2023)