SEC. 46.98. VIOLATIONS.

   (Title and Section Amended by Ord. No. 187,525, Eff. 7/16/22.)

   (a)   Except as precluded by state or federal law, any violation of this article, including Sections 46.90.1 or 46.90.2 of this Code, are subject to the penalties set forth in Section 11.00 of this Code.

   (b)   An administrative violation shall be found when the City Attorney is in receipt of an official record of any court or governmental agency that demonstrates a Tobacco Retailer, or any of the Tobacco Retailer's agents or employees, has violated any federal, state, or local law, including this Code, applicable to Tobacco Retailing, or has allowed Smoking in an enclosed place of employment in violation of California Labor Code Section 6404.5. An official record of any court or governmental agency includes, but is not limited to, an abstract from the State of California Department of Public Health that a Tobacco Retailer has paid a civil monetary penalty imposed for violating the Stop Tobacco Access to Kids Enforcement Act (Business and Professions Code Division 8.5), or a certified court docket reflecting a conviction of a criminal charge involving Tobacco Retailing or California Labor Code Section 6404.5.

   (c)   The violations set forth in this section are cumulative to, and in addition to, any other violations of federal, state, or local law, and shall be punished as specified in Section 46.99 of this Code.