§ 138.08  JURISDICTION, ENFORCEMENT AND PENALTIES.
   (A)   Jurisdiction.  The Business License Official shall collect the penalties due hereunder for any infraction(s) of the provisions of this chapter.
   (B)   Enforcement.  The Police Department, Fire Department and Code Enforcer of the town shall have the power to enforce the provisions of this chapter by using an infraction notice.
   (C)   Penalties for infractions.
      (1)   A person, employee or employer who smokes in an area where smoking is prohibited by the provisions of this chapter shall be guilty of an infraction, punishable by a fine of $25.
      (2)   A person, employee or employer who owns, manages, operates, or otherwise controls a workplace or work space, and who fails to comply with the provisions of this chapter, shall be guilty of an infraction, punishable by a fine of $25.
      (3)   In addition to the fines established hereunder, repeated violations of this chapter by a person, employee or employer who owns, manages, operates, or otherwise controls a workplace or work space, or the failure of a person, employee or employer who owns, manages, operates, or otherwise controls a workplace or work space to timely pay the penalty for an infraction, may result in the suspension or revocation of any occupancy permit or business license issued to the person, employee or employer for the premises on which the infraction occurred.
      (4)   Any infraction under this chapter is hereby declared to be a public nuisance, which may be abated by the town by a restraining order, preliminary and permanent injunction, or other means provided for by law, and the town may take action to recover the costs of the nuisance abatement.
      (5)   A separate offense shall be deemed committed on each day that an infraction occurs or continues.
      (6)   In addition to or lieu of assessing a civil penalty, the Town may institute an action in the Court of Common Pleas for Charleston County for an injunction to require compliance with this chapter or pursue any other remedy, as may be permitted by law.
   (D)   Any person, employee or employer cited for an infraction of this chapter may, within five days of the date of the infraction notice, file an administrative appeal with the Town Administrator, or his or her designee.
      (1)   Within 30 days of receiving an appeal, the Town Administrator, or his or her designee, shall
conduct a hearing to determine if an infraction occurred. The rules of evidence shall not apply.
      (2)   Any person, employee or employer aggrieved by a determination of the Town Administrator, or his or her designee, may, within 30 days of receipt of the decision, appeal to the Circuit Court for Charleston County.
      (3)   Failure to timely file an administrative appeal or appeal to the circuit court shall be deemed a waiver of the right to appeal.
      (4)   The filing of an administrative appeal or an appeal to the circuit court shall not act as a stay of the town's rights to institute civil proceedings to compel compliance with this chapter, or to institute proceedings to suspend or revoke a certificate of occupancy or business license.
   (E)   A business license shall not be renewed if there are delinquent penalties owed by an employer pursuant to this chapter.
(Ord. 07007,  passed 6-12-07; Am. Ord. 08071, passed 12-9-08)