(a) Administrative fine. In addition to any other penalty authorized by law, an administrative fine shall be imposed and a permit shall be suspended if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence that the retailer, or any of the retailer's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter, has pled guilty, "no contest" or its equivalent to such a violation, or has admitted to a such a violation.
(b) Amount of fine. The amount of the administrative fine for each such violation shall be as follows:
(1) A fine not to exceed one hundred dollars ($100.00) for a first violation within a twelve-month period;
(2) A fine not to exceed two hundred dollars ($200.00) for a second violation within a twelve-month period; and
(3) A fine not to exceed five hundred dollars ($500.00) for each additional violation within a twelve-month period.
(c) Time period for permit suspension. The period of the suspension shall be as follows:
(1) For a first violation of this chapter at a location within any sixty-month period, the permit shall be suspended for up to thirty calendar days.
(2) For a second violation of this chapter at a location within any sixty-month period, the permit shall be suspended for up to ninety calendar days.
(3) For each additional violation of this chapter at a location within any sixty-month period, the permit shall be suspended for up to one year.
(d) Waiver of penalties for first violation. The department may waive any penalties for a retailer's first 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 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 penalties for any future violation.
(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 based on a violation of this chapter, the department shall provide the retailer written notice of the violation and the fine and suspension, including when the suspension shall take effect.
(Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)