§ 135.999 PENALTY.
   (A)   Whoever violates any provisions of §§ 135.001 through 135.009, 135.025 through 135.031, 135.055 through 135.059, 135.075 through 135.076 and 135.090 through 135.092 shall, upon, conviction be fined not less than $25, nor more than $750, for each offense. In addition, any cost of collection of fines or other amounts due to the city hereunder may be assessed in accordance with § 10.99 of this code.
(Prior Code, § 47-7.25)
   (B)   (1)   Whoever violates any provisions of §§ 135.010 through 135.013, 135.040 through 135.042, 135.060 and 135.061, 135.093, 135.105 through 135.108 and 135.120 through 135.121, except where another penalty is specifically provided, shall be punished by a fine of not less than $10, nor more than $750 for each offense.
(Prior Code, § 26-18)
      (2)   Any person who damages, defaces or otherwise interferes with public property shall reimburse the city for all costs of repairs to such public property within 30 days after receipt of invoice therefor from the city.
      (3)   In addition, any costs of collection of fines, charges or payments due under §§ 135.010 through 135.013, 135.040 through 135.042, 135.060 and 135.061, 135.093, 135.105 through 135.108, 135.120 and 135.121 may be assessed in accordance with § 10.99(B) of this code.
   (C)   (1)   Any minor who violates any provision of §§ 135.135 through 135.139 shall be punished by a fine not to exceed $100 for the first offense, $150 for the second offense and $200 each for the third and subsequent offenses.
      (2)   Any person, other than a minor, who violates any provision of §§ 135.135 through 135.139 shall be punished by a fine not to exceed $200 for the first offense, $400 for the second offense and $600 each for the third and subsequent offenses.
      (3)   In addition to, or in lieu of, the above penalties, any minor who violates any provision of §§ 135.135 through 135.139 may be required to fulfill a term of community service of not less than ten hours for the first offense, 20 hours for the second offense, and 30 hours each for the third and subsequent offenses. This service may include service in the pulmonary unit of a community hospital, or the like, or if a minor violates subsections (D) or (E) of § 135.135 he or she is guilty of a petty offense and the court may impose a sentence of 25 hours of community service and a fine of $50 for a first violation, and a sentence of 40 hours of community service and a fine of not more than $750 for any subsequent violation.
      (4)   Any person, corporation, or other legal entity, whether public or private, who is determined to be in violation of § 135.135(C) as a first offense, during a calendar year, shall be subject to suspension of their license to sell tobacco products for seven consecutive days when said business is open for business, in addition to the fine as specified in §§ 135.135 through 135.139.
      (5)   Any person, corporation, or other legal entity, whether public or private, who is determined to be in violation of § 135.135(C) as a second offense, during a calendar year, shall be subject to suspension of their license to sell tobacco products for 30 consecutive days, when said business is open for business, in addition to the fine as specified in §§ 135.135 through 135.139.
      (6)   Any person, corporation or other legal entity, whether public or private, who is determined to be in violation of § 135.135(C) as a third offense, during a calendar year, shall be subject to suspension of their license to sell tobacco products for 180 days when said business is open for business, in addition to the fine as specified in §§ 135.135 through 135.139
      (7)   Any person, corporation or other legal entity, whether public or private, who is determined to be in violation of § 135.135(C) as more than three offenses, during a calendar year, or any sale or delivery of tobacco products of any kind whatsoever that is deemed to have taken place during a term of suspension will result in permanent revocation of the offender’s license to sell tobacco products.
(Prior Code, § 26-101)
(Ord. 97-39, passed 1-15-1998; Ord. 00-14, passed 4-3-2000; Ord. 03-37, passed 7-7-2003; Ord. 2017-74, passed 12-18-2017; Ord. 2019-55, passed 12-2-2019)