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It is an affirmative defense to a violation of this chapter for a person to have reasonably relied on proof of age and conducted age verification requirements described under this Chapter, under Section 537.16 of the Lorain Code of Ordinances, and by state law.
(Ord. 233-23. Passed 11-6-23.)
(b) A second violation at the same tobacco retail establishment premises within a thirty-six (36)-month period shall result in a fine of six hundred dollars ($600.00), and Lorain County Public Health or appropriate designee shall suspend the tobacco retailer license for a period of not less than thirty (30) and not more than sixty (60) consecutive days.
(c) A third violation at the same tobacco retail establishment premises within a thirty-six (36)-month period shall result in a fine of one thousand dollars ($1,000), and the Lorain County Health Commissioner or its designee shall suspend the tobacco retail establishment's license for a period of not less than sixty (60) consecutive days. In addition to the designated fine, Lorain County Public Health or its designee may revoke the tobacco retail establishment's license.
(d) A fourth violation at the same tobacco retail establishment premises within a thirty-six (36)-month period shall result in a fine of one thousand two hundred dollars ($1,200) and the tobacco retail establishment's license shall be revoked.
(e) A tobacco retailer, or agent, employee or representative of a tobacco retailer that violates age verification or transaction scan requirements proscribed under Section 537.16 of the Lorain Code of Ordinances is subject to the penalties described under that section.
(Ord. 233-23. Passed 11-6-23.)
If Lorain County Public Health or authorized designee denies the issuance of a tobacco retailer license, or suspends or revokes a tobacco retailer license, or issues a citation for violating this Chapter, Lorain County Public Health or authorized designee shall send the applicant or licensee written notice of the action and notice of the right to an appeal. Such notice shall be sent by Certified Mail with return receipt requested.
Upon receipt of written notice of any citation or fines accrued under this Chapter, or the denial, suspension, or revocation of the license, the licensee shall have the right to appeal to Lorain County Public Health, or another designee. An appeal must be appropriately filed within thirty (30) days after the receipt of notice of the determination of a violation or change of license status due to suspension or revocation. The appellant shall bear the burden of proof.
(Ord. 233-23. Passed 11-6-23.)