(A) Upon discovery of a suspected violation, the accused violator shall be issued a citation by the city police and be given notice of his or her right to be heard on the accusation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Any person found to be in violation of this chapter shall be guilty of a misdemeanor and subject to the maximum penalty authorized by state law for a misdemeanor.
(B) Upon discovery of a suspected violation, the accused violator may select the administrative fee option and agree to pay an administrative penalty. If the accused violator accepts the administrative option, he or she may pay the appropriate fine amount to the City Administrator. If the administrative fine is paid within five calendar days of the alleged violation, the citation will be voided by the city.
(C) In addition to any fine or other penalty, violation of this chapter by a licensee or an employee of a licensee shall be grounds for the suspension or revocation of the license or a portion thereof. Before any license is suspended or revoked under this chapter, the licensee shall be given notice of the accused violation and shall be given the right to request an administrative hearing on the matter and to appeal the findings of the hearing on suspension or revocation to the City Council.
(D) Nothing in this chapter shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or electronic delivery devices to any person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law.
(E) (1) The following fees are administrative fees for violations by the licensee.
(a) First violation: $250;
(b)
Second violation, within five years: $500 and a two day suspension of license;
(c) Third violation, within five years: $750 and a five day suspension of license; and
(d) Fourth violation: one-year suspension of license.
(2) The following fees are administrative fees for violations by the clerk or underage smoker:
(a) First violation: $50; and
(b) Second and subsequent violations: $100.
(`87 Code, § 502.12) (Am. Ord. 13-19-02, passed 12-19-13; Am. Ord. 20200820-01, passed 8-20-20; Am. Ord. 20201015-01, passed 10-15-20)