No person shall sell, give or otherwise supply any tobacco, tobacco products or cigarettes to any person under eighteen (18) years of age. The provisions of this section include prohibiting a minor from purchasing cigarettes or tobacco products from a vending machine. If a retailer or employee of a retailer violates the provisions of this section, the council shall, after written notice and hearing, and in addition to the other penalties fixed for such violation, assess the following:
A. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.
B. For a second violation within a period of two (2) years, the retailer's permit shall be suspended for a period of thirty (30) days.
C. For a third violation within a period of three (3) years, the retailer's permit shall be suspended for a period of sixty (60) days.
D. For a fourth violation within a period of three (3) years, the retailer's permit shall be revoked.
The clerk shall give ten (10) days' written notice to the retailer by mailing a copy of the notice to the place of business as it appears on the application for a permit. The notice shall state the reason for the contemplated action and the time and place at which the retailer may appear and be heard. (Ord. 01-06, 4-16-2001)