(A) Administrative civil penalties-individuals. If a person who is not a licensee is found to have violated this section, the person shall be charged an administrative penalty as follows:
(1) First violation. The Council shall impose a civil fine not to exceed $50.
(2) Second violation within 12 months. The Council shall impose a civil fine not to exceed $100.
(3) Third violation within 12 months. The Council shall impose a civil fine not to exceed $150.
(B) Same-licensee. If a licensee or an employee of a licensee is found to have violated this section, the licensee shall be charged an administrative penalty as follows:
(1) First violation. The Council shall impose a civil fine of $1,000 and suspend the license for not less than three days.
(2) Second violation within 36 months. The Council shall impose a civil fine of $2,000 and suspend the license for not less than ten consecutive days.
(3) Third violation within 36 months. The Council shall impose a civil fine of $5,000 and shall revoke the license for at least one year.
(C) Misdemeanor prosecution. Any person who sells or offers to sell any licensed product in violation of this section shall be guilty of a misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this section.
(Ord. 212, passed 10-17-2022)