§ 130.99  PENALTY. 
   (A)   (1)   Any person found in violation of § 130.01(A) shall be fined $150 to $750 and/or mandatory completion of a three-hour alcohol education and awareness program approved by the Middletown Municipal Court, to be completed within a three-month period.
      (2)   Any person who commits a second violation of § 130.01(A) shall be fined $300 to $750 and undergo a substance abuse assessment by a licensed substance abuse professional and complete all necessary treatment ordered by the Municipal Court.
      (3)   Any person who commits a third violation of § 130.01(A) shall be fined $450 to $750.
      (4)   Any person who fails to complete the mandatory alcohol awareness program shall be subject to a $350 fine.
      (5)   The Municipal Court, in the exercise of its discretion, can order in lieu of the fine imposed for a first violation, that the person charged be responsible for payment of the cost to complete an alcohol education and awareness program and/or the Municipal Court shall have the discretion to approve an alternative alcohol education program that it deems appropriate.
(Ord. 2010-2, passed 3-1-10; Am. Ord. 2011-1, As Amended,  passed 4-4-11)
   (B)   (1)   Any person found in violation of § 130.01(B) shall be fined not less than $350 nor more than $1,000 and/or mandatory completion of a three- hour alcohol education and awareness program approved by the Middletown Municipal Court, to be completed within a three-month period.  The person shall be responsible to pay for the cost of the program.
      (2)   Any person who commits a second violation shall be fined not less than $750 nor more than $1,000 and mandatory completion of an alcohol education and awareness program approved by the Municipal Court, to be completed within a three- month period. The person shall also be responsible to pay for the cost of the program.
      (3)   The Municipal Court, in the exercise of its discretion, can order in lieu of the fine imposed for a first violation that the person charged be responsible for payment of the cost to complete an alcohol education and awareness program and/or the Municipal Court shall have the discretion to approve an alternative alcohol education program it deems appropriate.
(Ord. 2010-2, passed 3-1-10; Am. Ord. 2011-1, As Amended, passed 2-22-11)
   (C)   Any person, firm or corporation whether as principal, agent, employee or otherwise, who violates any of the provisions of §§ 130.02 - 130.04, 130.32(I) or 130.75 - 130.91 shall be subject to the following penalty:
      (1)   For a first offense, $100.  The person charged with a violation of any provision of §§ 130.02 - 130.04, 130.32(I) or 130.75 - 130.91 shall, for a first offense, be given the opportunity to pay the fine assessed by mail which shall be indicated on the summons issued by the charging officer.  Should the alleged violator elect not to pay the fine assessed by mail, said person shall be entitled to a hearing before the Municipal Court.
      (2)   For any second or subsequent violation of §§ 130.02 - 130.04, 130.32, or 130.75 - 130.91, a hearing before the Municipal Court is required, and the alleged violators shall be subject to the penalties as outlined in § 10.99.
(Ord. passed 8-21-00)
   (D)   Any person violating any provision of this chapter for which there is not otherwise a penalty shall be subject to the penalty of § 10.99.
('73 Code, § 16-9)  (Ord. passed 10-2-72)
   (E)   Any person, firm or corporation who shall sell or allow to be sold or delivered to any person under 18 years of age tobacco products except as permitted by § 130.38 shall for the first offense be subject to a fine of $200, for the second offense, be subject to a fine of $350, and for the third and any subsequent offense, be subject to a fine of $500; provided however, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.
(Ord. passed 6-20-95)
   (F)   Any person under 18 years of age who shall violate the provisions of § 130.38(A) or (C) shall be subject to a fine of $100, for the first offense and $250 for the second offense and subsequent offenses and/or shall be required to perform community service.
(Ord. passed 6-20-95)
   (G)   Any person, firm, or corporation who owns a business occupying the premises in which a device or vending machine which dispenses cigarettes or any other tobacco product is located who shall violate any of the provisions of § 130.39(A), (B) and (C), and any person, firm or corporation who shall violate § 130.39(D), shall for the first offense be subject to a fine of $200, for the second offense, be subject to a fine of $350, and for the third and any subsequent offense, be subject to a fine of $500, provided, however, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as the first offense.
(Ord. passed 6-20-95)
   (H)   Any person who violates any of the provisions of § 130.40(C) shall be subject to the following penalties:
      (1)   For a first offense, a fine of $100. The person charged with a violation of any of the provisions of § 130.40(C) shall, for a first offense, be given the opportunity to pay the fine assessed by mail which shall be indicated on the summons issued by the charging officer. Should the alleged violator elect not to pay the fine assessed by mail, said person shall be entitled to a hearing before the Municipal Court.
      (2)   For a second offense, a fine of $200, and a hearing before the Municipal Court shall be required.
      (3)   For a third or subsequent, a fine of $300, and a hearing before the Municipal Court shall be required.
      (4)   The court may, in addition to the fine imposed upon a conviction, require that any person convicted of a violation of § 130.40(C)(2), pick up litter on a Middletown public beach, recreational area, campground or park for no more than four hours.
      (5)   Any person convicted of a violation of any of the provisions of § 130.40(C) may, upon a showing that payment of the total fine would pose a hardship on the defendant or his or her family, be sentenced to perform public community restitution on any Middletown public beach, recreational area, public campground or park in lieu of the total fine that would otherwise be imposed.
(Ord. 2015-5, passed 7-6-15; Am. Ord. 2015-13, passed 11-2-15)