(A) Any licensee in violation of the provisions of this chapter is subject to proceedings for the suspension or revocation of the license granted hereunder. The procedure for suspension or revocation of a license granted hereunder shall be in accordance with the provisions of § 111.037 of this code, except as supplemented herein.
(B) In lieu of or in addition to the suspension or revocation of a license, the Mayor may levy a fine on the licensee. The fines imposed shall be as follows:
(1) For any violation of §§ 114.04 through 114.07, except for a violation related to sale of smokeless tobacco as provided in subdivision (2) of this division (B), a fine of not less than $200 for the first offense, $400 for the second offense in a 12-month period, and $600 for the third or any subsequent offense in a 12-month period.
(2) For any violation involving the sale of smokeless tobacco to any person under 18 years of age, a fine of not more than $50 for each violation.
(3) For any other violation of the provisions of this chapter, a fine of not less than $75 nor more than $750 for each violation.
(4) Each day on which a violation continues shall constitute a separate violation.
(C) Any licensee determined by the Mayor or a designee to have violated any of the provisions of this chapter shall pay to the city the costs of the hearing before the Mayor or a designee on such violation. The Mayor or a designee shall determine the costs incurred by the city for the hearing, including, but not limited to: court reporter's fees, the costs of transcripts or records, attorneys' fees, the cost of preparing and mailing notices and orders, and any other miscellaneous expenses incurred by the city, or such lesser sum as the Mayor or a designee may allow. The licensee shall pay said costs to the city within 30 days of notification of the costs by the Mayor or a designee. Failure to pay the costs within 30 days of notification shall be deemed an additional violation of this chapter and may be cause for license suspension or revocation, or the levy of a fine, or both.
(Ord. 08-37, passed 11-11-08)