(A) Suspension of license. A committee consisting of the Village President, Village Clerk and Police Chief may suspend any license issued under the provisions of this chapter if it is determined that the licensee has violated any of the provisions hereof.
(B) Fine and penalty.
(1) Any person who violates any provision of this chapter shall be fined $200 for the first offense within any 24-month period; $400 for the second offense within any 24-month period; $600 for the third offense within any 24-month period; and $800 for the fourth or additional subsequent offense within any 24-month period. A separate offense shall be deemed committed on each day during or on which the violation occurs or continues.
(2) For a second finding of violation within a 24-month period, a mandatory 30-day tobacco license suspension, and any fine determined by the committee shall be imposed.
(3) For a third finding of violation within a 24-month period, a mandatory license suspension of 60 days to one year.
(C) Hearing; decisions; fees.
(1) Notice of hearing. No tobacco vendor license issued pursuant to this chapter shall be suspended and no licensee shall be fined except after a public hearing by the committee, with a seven-day written notice to the licensee affording the licensee an opportunity to appear and defend against the charges contained in such notice. The seven-day notice provisions shall begin the day following delivery by certified mail or personal service.
(2) President's decision. The committee shall, within 14 days after such hearing, if it has been determined after such hearing that the license should be suspended, or that the licensee should be fined, state the reason for such determination in a written order and either the amount of the fine, the period of suspension and serve a copy of such order within the 14 days upon the licensee.
(3) Fees. Any licensee determined by the committee to have violated any of the provisions of this chapter shall pay to the village the costs of the hearing. The President shall determine the costs incurred by the village for said hearing, including, but not limited to, court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders and all other miscellaneous expenses incurred by the village or such lesser sum as the President may allow. The licensee shall pay said costs to the village within 14 days of notification of the costs by the President. Failure to pay said costs within 14 days of notification is a violation of this chapter and may be cause for license suspension or revocation or the levy of a fine.
(D) Use of premises after license revocation. When any license shall have been suspended for any cause, no license shall be granted to any person for the period of the suspension, for the conduct of business of selling tobacco products in the premises described in such license.
(E) Responsibility of licensee for agents and employees. Every act or omission constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee shall be deemed and held to be the act of such licensee, and such licensee shall be punishable in the same manner as if such act or omission had been done or omitted by the licensee personally.
(Ord. 688, passed 10-9-01; Ord. 729, passed 8-12-03; Ord. 1113, passed 8-13-19)