(a) Administrative fine. In addition to any other penalty authorized by law, a retailer shall pay a fine if the retailer or any of the retailer's agents or employees, violates any of the requirements, conditions, or prohibitions of this chapter. The amount of the administrative fine for each violation of this chapter shall be as follows:
(1) A fine not to exceed one thousand dollars ($1,000.00) for each violation identified during the first instance in which the retailer has committed a violation or violations;
(2) A fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation identified during a subsequent instance if the retailer has committed a previous violation or violations within a sixty-month period; and
(3) A fine not to exceed five thousand dollars ($5,000.00) for each violation identified during a subsequent instance after the retailer twice committed a previous violation or violations within a sixty-month period.
(b) Permit suspension. In addition to any other penalty authorized by law, the department may suspend a permit if the department demonstrates that the retailer or any of the retailer’s agents or employees has violated any of the requirements, conditions, or prohibitions of this chapter. The period of the suspension shall be as follows:
(1) A suspension not to exceed thirty calendar days for an initial violation.
(2) A suspension not to exceed one hundred eighty calendar days if a retailer commits a violation or violations during two instances within a sixty-month period.
(3) When a permit is suspended based on a violation of this chapter, the department shall post a placard at the physical location used for retailing tobacco products to notify the general public of the suspension. The placard shall be:
(A) Posted in the front window of the storefront used for retailing tobacco products within five feet of the front door;
(B) Posted in a display case mounted on the outside front wall of the physical location used for retailing tobacco products within five feet of the front door; or
(C) Posted in a location approved by the department to ensure proper notice to the general public and to patrons of the physical location used for retailing tobacco products.
(D) Once attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the department or upon written notification from the department.
(c) Permanent permit revocation. In addition to any other penalty authorized by law, the department shall permanently revoke a permit if a retailer commits a violation or violations during three instances within a sixty-month period.
(d) Waiver or reduction of fines and penalties for first violation. The department may, in its sole discretion, waive or reduce any fines and penalties for a retailer's first violation of this section if the retailer admits the violation in writing and agrees to forego a hearing on the allegations. Regardless of the department's waiver of penalties for a first violation, the violation will be considered in determining the fines and suspension periods or revocation for any future violation. This subsection shall not apply to any violation involving a law regulating youth access to tobacco products.
(e) Corrections period. The department shall have discretion to allow a retailer a period of time to correct any violation of any requirement, condition, or prohibition of this chapter, other than a violation of a law regulating youth access to tobacco products. If the department exercises its discretion to provide a corrections period, and a retailer's violation is corrected within the time allowed for correction, no penalty shall be imposed under this section.
(f) Written notice of penalties. Whenever a fine is issued and/or a permit is suspended or revoked based on a violation of this chapter, the department shall provide the retailer written notice of the violation and the fine and suspension or revocation, including when the suspension or revocation shall take effect.
(g) Appeals. Any penalties imposed under this section may be appealed pursuant to Section 4.64.150 of this chapter.
(h) A timely appeal shall stay enforcement of the appealed penalties until the final administrative decision of the department is issued.
(Ord. 5633 § 2 (part), 2024: Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)