§ 116.99 PENALTY.
   (A)   Sales/distribution violation.
      (1)   The City Manager shall initiate enforcement against any person who violates any provision of this chapter, and shall conduct hearings upon the license-holder’s request. The City Manager and the Police Department shall have the authority to enforce this chapter.
      (2)   Any person who shall knowingly violate, or shall knowingly cause the violation of, any provision of this chapter other than §§ 116.32 and 116.33 of this chapter is guilty of a petty offense for which the offender may be fined an amount as follows.
         (a)   In the case of the first violation, any person shall be fined not less than $100 and not more than $500 and shall be notified in writing of penalties levied for further violations.
         (b)   In the case of a second violation within a two-year period, any person shall be fined not less than $250 and not more than $500.
         (c)   In the case of a third violation or subsequent offense within a two-year period, any person shall be fined not less than $500 and not more than $1,000.
   (B)   Suspension and revocation of license.
      (1)   A license shall be suspended or revoked for any violation of this chapter after notice and opportunity to be heard as follows.
         (a)   In the case of a first violation, the licensee shall be fined $200 and shall be notified in writing of penalties levied for further violations.
         (b)   In the case of a second violation, if incurred within one year of the first violation, the licensee shall be fined $500 and the tobacco license shall be suspended for not less than 30 consecutive business days, nor more than three months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
         (c)   In the case of a third violation, if incurred within one year of the first violation, the licensee shall be fined $1,000 and the tobacco license shall be suspended for not less than six months, nor more than 18 months, from the date of suspension. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended.
         (d)   In the case of a fourth violation, if incurred within one year of the first violation, the licensee shall be fined $1,000 and the license shall be revoked. All tobacco merchandise must be removed from all areas accessible to the public.
      (2)   Any licensee found to have violated any of the provisions of this chapter shall pay to the city costs of the hearing on such violation. Costs may include, but not be limited to: court reporter’s fees; the cost of preparing and mailing notices and orders; and all other miscellaneous expenses incurred by the city or such lesser sum as the City Manager may allow.
      (3)   The licensee shall pay said costs to the city within 30 days of notification of the costs. Failure to pay said costs within 30 days of notification is a violation of this chapter and may cause the levy of an additional fine.
      (4)   Notwithstanding the foregoing, in the event the holder of a city issued tobacco license is also the holder of a city issued liquor license, and said liquor license is revoked for any reason whatsoever, then said holder’s tobacco license shall be summarily revoked by the city.
   (C)   Purchase/possession violations. Any person under the age of 18 years that violates the §§ 116.32 and 116.33 of this chapter will be subject to the following penalties.
      (1)   For the first violation, a fine of $25 or the completion of an approved smoking cessation program.
      (2)   For the second violation, if incurred within one year of the first violation, a fine of not less than $50 and not more than $100 and the completion of an approved smoking cessation program.
      (3)   For the third and subsequent violations, if incurred within one year of the first violation, a fine of not less than $100 and not more than $300, and the completion of an approved smoking cessation program, and not less than 20 hours of community service.
(Ord. 2991, passed 11-13-2012)