(A) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the collector finds based on a preponderance of evidence, after notice and an opportunity to be heard as set forth in chapter 1, article V of this code, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer permit, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailing permit as follows:
(1) After a first violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until 30 days have passed from the date of the violation.
(2) After a second violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until 90 days have passed from the date of violation.
(3) After a third or subsequent violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until one year has passed from the date of the violation.
(B) Tobacco products offered for sale or exchange in violation of this section are subject to seizure by the collector or any peace officer and shall be forfeited after the permittee and any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate, as set forth in article V of chapter 1 of this code, that the tobacco products were not offered for sale or exchange in violation of this article. Forfeited tobacco products and shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to Cal. Code of Civil Procedure, Section 1094.6 or other applicable law has expired without the filing of a lawsuit, or if such a suit is final, after judgment in that suit becomes final.
(C) For the purposes of the civil remedies provided in this article:
(1) Each day on which a tobacco product is offered for sale in violation of this article shall constitute a separate violation of this article; and
(2) Each individual retail tobacco product and each individual retail item that is distributed, sold, or offered for sale in violation of this article shall constitute a separate violation of this article.
(Ord. No. 2854, 2973)