(A) Licensees and employees.
(1) Any licensee, and any employee of a licensee, found to have violated this chapter shall be charged an administrative fine of $75 for a first violation of this chapter; $200 for a second offense at the same licensed premises within a 24-month period; and $250 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days.
(2) In addition to the assessments and suspensions provided for in division (A)(1), if the licensee fails more than one compliance check, as defined in § 113.10, within a license period, that applicant shall immediately surrender the license to sell tobacco, and the license shall be suspended for the remainder of the license period.
(B) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products, or tobacco related devices, shall be subject to the notification of their parents, and appropriate school authorities, and shall be required to attend and complete a tobacco free education program approved by their local school district, perform 20 hours of community service, or participate in and successfully complete an appropriate diversion program approved by the county Probation Department.
(C) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter as set forth in § 10.99.
(Ord. passed 11-20-97; Am. Ord. 319, passed 8-17-00; Am. Ord. 326, passed 2-22-01)