(Prior Code, § 10-421)
(B) (1) When a person violates § 135.28(A) or (B), he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine as follows:
(a) Not more than $100 for the first offense;
(b) Not more than $200 for the second offense within a two-year period following the first offense;
(c) Not more than $300 for a third offense within a two-year period following the first offense. In addition to any other penalty, the store’s license to sell tobacco products may be suspended for a period not exceeding 30 days; or
(d) Not more than $300 for a fourth or subsequent offense within a two-year period following the first offense. In addition to any other penalty, the store’s license to sell tobacco products may be suspended for a period not exceeding 60 days.
(2) Pursuant to state law, when it has been determined by a Municipal Court that a penalty shall include a license suspension, the ABLE Commission will notify the Oklahoma Tax Commission, and the Tax Commission will suspend the store’s license to sell tobacco products at the location where the offense occurred for the period of time prescribed by the ABLE Commission.
(3) Upon failure to pay fines within 90 days of the assessment of such fine, the following actions shall occur:
(a) Upon failure of the employee to pay the fine within 90 days of the day of the assessment of such fine, the Municipal Court Clerk shall notify the Department of Public Safety and the Department will, pursuant to state law, suspend or not issue a driver’s license to the employee until proof of payment has been furnished to the Department of Public Safety.
(b) Upon failure of a store owner to pay the administrative fine within 90 days of the assessment of such fine, the Municipal Court Clerk shall notify the Oklahoma Tax Commission and the Tax Commission shall suspend the store’s license to sell tobacco products until proof of payment has been furnished to the Oklahoma Tax Commission.
(Prior Code, § 10-433)
(C) (1) When a person violates § 135.29, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of:
(a) Not to exceed $100 for a first offense; and
(b) Not to exceed $200 for a second or subsequent offense within a one-year period following the first offense.
(2) Upon failure of the individual to pay such fine within 90 days of the day of such fine, the Municipal Court Clerk shall notify the Department of Public Safety and, by operation of state law, the Department shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety.
(Prior Code, § 10-434)
(D) When a person violates § 135.30, he or she shall be guilty of an offense and upon conviction shall be punished by a fine of not more than $50 for each day a violation occurs. Each day a violation is continuing shall constitute a separate offense.
(Prior Code, § 10-435)
(E) (1) When a person violates any provision of § 135.33, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of:
(a) Not more than $100 for the first offense;
(b) Not more than $200 for the second offense; and
(c) Not more than $300 for a third or subsequent offense.
(2) Upon failure of any individual to pay an administrative fine within 90 days of the assessment of such fine, the Municipal Court Clerk shall notify the Department of Public Safety, and the Department, pursuant to state law, shall suspend or not issue a driver’s license to the individual until proof of payment has been furnished to the Department of Public Safety.
(Prior Code, § 10-438)
(F) When a person violates § 135.34, an administrative fine of not more than $100 for each offense may be imposed upon the person.
(Prior Code, § 10-442)
(G) When a person violates § 135.45, the Municipal Court Clerk shall assess such person an administrative fine of not more than $200 for each offense.
(Prior Code, § 10-439)
(H) When a person violates § 135.46, he or she shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than $200 for each offense.
(Prior Code, § 10-440)
(Ord. 10-08, passed 1-11-2010; Ord. 11-01, passed 9-13-2010)