§ 113.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   (1)   Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated §§ 113.01 through 113.13 of this chapter, shall be charged an administrative fine of $75 for a first violation of §§ 113.01 through 113.13 of this chapter; $200 for a second offense at the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period, as well as a license suspension for not less than seven days.
      (2)   Other individuals. Other individuals, other than minors regulated by division (B)(3) below, found to be in violation of §§ 113.01 through 113.13 of this chapter shall be charged an administrative fee of $50.
      (3)   Minors. A minor found in unlawful possession of, or who unlawfully purchases or attempts to purchase, tobacco, tobacco products or tobacco-related devices shall, if a first time offense, be referred to a diversion program operated by appropriate city officials or, if a second or subsequent offense, be petitioned or ticketed into juvenile court as a petty offender and receive disposition as is authorized by law and appropriate for petty offenders.
      (4)   Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of §§ 113.01 through 113.13 of this chapter.
   (C)   (1)   A violation of any provisions of §§ 113.25 through 113.33 of this chapter shall be a petty misdemeanor for the first offense. Any additional violation of §§ 113.25 through 113.33 of this chapter shall be a misdemeanor. Each day of violation constitutes a separate offense.
      (2)   Violation of any provision of §§ 113.25 through 113.33 of this chapter by a licensee shall be adequate ground for the denial, refusal to renew, suspension or revocation of any food, liquor or other business license.
(2004 Code, § 113.99) (Ord. 98-220, passed 4-14-1998; Ord. 06-0449, passed 12-26-2006; Ord. 07-0487, passed 12-11-2007; Ord. 12-700, passed 12-11-2012)