(A) Any person who violates § 116.10 shall be fined not less than $50 nor more than $750 for each such offense.
(B) The Commissioner of Tobacco and Cannabis, their designee, may suspend or revoke any license issued under the provisions of this chapter, if they determine that the licensee has violated any of the provisions of this chapter or other related provisions of the Maywood Code. In lieu of suspension or revocation of a license or in addition to such penalties, the Commissioner of Tobacco and Cannabis, or their designee, may levy a fine on the licensee. The fines imposed shall be in accordance with the fine schedule set forth below for each violation. Each day on which a violation continues shall constitute a separate violation. Penalties and fines imposed shall include, but do not have to be limited to, the following:
(1) For a first violation, an administrative penalty/fine of $1,000;
(2) For a second violation, occurring after a final determination of liability for a first violation, and within a 12-month period of the first violation, an administrative penalty/fine of $2,000 and a suspension of the license of the retail tobacco dealer for 30 days; and
(3) For a third violation, occurring after a final determination of liability for a second violation and within a 12-month period of the second violation, an administrative penalty/fine of $3,000 and a revocation of the license of the retail tobacco dealer for 1 year.
(C) No such license shall be suspended or revoked and no licensee shall be fined except after notice and a hearing by the Commissioner of Tobacco and Cannabis, or their designee, conducted in conformance with § 110.17. At the discretion of the Commissioner of Tobacco and Cannabis, the hearing may be conducted before the Commission of Tobacco and Cannabis Regulation and Licensing, who shall provide an advisory opinion on the matter to the Commissioner.
(D) The Commissioner of Tobacco and Cannabis, or their designee, shall, within 7 business days after such hearing, if he or she determines after such hearing that the license should be revoked or suspended, or that the licensee should be fined, state the reason for such determination in a written order and further state the amount of the fine, the period of suspension or that the license has been revoked. An executed copy of such order shall be served by the Village within 7 calendar days upon the licensee.
(E) Any licensee determined by the Commissioner of Tobacco and Cannabis, or their designee, to have violated any of the provisions of this chapter shall pay to the Village the costs of the hearing on such violation. The Commissioner of Tobacco and Cannabis, or their designee shalldetermine the costs incurred by the Village for said hearing, including, but not limited to: court reporters, fees, the costs of the transcripts or records, attorneys’ fees, the cost of preparing and mailing notices and orders, any and all additional fines imposed and all other miscellaneous expenses incurred by the Village or such lesser sum as the Commissioner of Tobacco and Cannabis, or their designee may allow.
(F) The licensee shall pay the costs to the Village within 30 days of notification of the costs by the Commissioner of Tobacco and Cannabis, or their designee. Failure to pay the costs within 30 days of notification is a violation of this chapter and may be cause of license suspension or revocation, or the levy of a fine.
(G) Any retailer, or owner(s) of the retailer, whose license is revoked for violating any of the provisions of this chapter shall be prohibited from applying for a tobacco retailer’s license for a 1-year period from the date of the revocation order.
(H) In addition to imposing the fines and other penalties provided by this chapter, the Joint Commission for Tobacco and Cannabis Regulation and Licensing, Building and Code Enforcement Department or Village Manager may initiate and/or file legal or administrative action against any licensee for an injunction requiring compliance with the provisions of this chapter or for such order as the court may deem necessary or appropriate to secure such compliance.
(I) A person may seek a writ of certiorari from the Chancery Division of the Circuit Court of Cook County according to applicable law, appealing any final determination of liability or decision of the Commissioner of Tobacco and Cannabis, or their designee under this chapter.
(Ord. C0-03-21, passed 8-20-2003; Am. Ord. C0-05-35, passed 10-4-2005; Am. Ord. CO-09- 27, passed 10-6-2009; Am. Ord. CO-2014-14, passed 4-1-2014; Am. Ord. CO-2021-21, passed 8-17-2021; Am. Ord. CO-2022-23, passed 11-1-2022)