(1) Administrative civil penalties -- individuals. If a person who is not a licensee is found to have violated this chapter, the person shall be charged an administrative penalty as follows:
(a) First violation. The Council shall impose a civil fine not to exceed $50.
(b) Second violation within 12 months. The Council shall impose a civil fine not to exceed $100.
(c) Third violation within 12 months. The Council shall impose a civil fine not to exceed $150.
(2) Same -- licensee. If a licensee or an employee of a licensee is found to have violated this chapter, the licensee shall be charged an administrative penalty as follows:
(a) First violation. The Council shall impose a civil fine of $500 and suspend the license for not less than one day.
(b) Second violation within 36 months. The Council shall impose a civil fine of $1,000 and suspend the license for not less than three consecutive days.
(c) Third violation within 36 months. The Council shall impose a civil fine of $2,000 and suspend the license for not less than ten consecutive days.
(d) Fourth violation within 36 months. The Council shall revoke the license for at least one year.
(3) Administrative penalty procedures. Notwithstanding anything to the contrary in this section:
(a) Any of the administrative civil penalties set forth in this section that may be imposed by the Council, may in the alternative be imposed by an administrative citation.
(b) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within ten business days of receipt of the notice or such right shall terminate.
(4) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(Ord. 05-22, passed 12-12-2022)