(A) 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:
(1) First violation. The Council shall impose a civil fine not to exceed $50.
(2) Second violation within 12 months. The Council shall impose a civil fine not to exceed $100.
(3) Third violation within 12 months. The Council shall impose a civil fine not to exceed $150.
(B) 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:
(1) First violation. The Council shall impose a civil fine of $1,000 and suspend the license for not less than 3 days.
(2) Second violation within 36 months. The Council shall impose a civil fine of $2,000 and suspend the license for not less than 10 consecutive days.
(3) Third violation within 36 months. The Council shall impose a civil fine of $5,000 and shall revoke the license for at least 1 year.
(C) Misdemeanor prosecution. Any person who sells or offers to sell any licensed product in violation of this chapter shall be guilty of a misdemeanor. Nothing in this chapter shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(Ord. 115, passed 12-20-2022)