(a) Administrative fine. In addition to any other penalty authorized by law, a retailer shall pay a fine if the department demonstrates that the retailer has engaged in retailing at a location without a valid permit, either directly or through the retailer’s agents or employees. The amount of the administrative fine for each violation of this chapter shall be as follows:
(1) A fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation identified during the first instance in which the retailer has committed a violation or violations without a valid permit;
(2) A fine not to exceed five thousand dollars ($5,000.00) for each violation identified during a subsequent instance if the retailer has committed a previous violation or violations within a sixty-month period without a valid permit; and
(3) A fine not to exceed ten thousand dollars ($10,000.00) for each violation identified during a subsequent instance after the retailer has twice committed a previous violation or violations within a sixty-month period without a valid permit.
(b) Time period for permit ineligibility. The ineligibility period shall be as follows:
(1) For an initial violation of this chapter without a valid permit, no new permit may be issued to the retailer or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until thirty calendar days have passed from the date of the violation.
(2) If a retailer commits a violation or violations during two instances within a sixty-month period without a valid permit, no new permit may be issued to the retailer or the location (unless ownership of the business at the location has been transferred in an arms length transaction) until one year has passed from the date of the second violation.
(3) If a retailer commits a violation or violations during three instances within any sixty-month period without a valid permit, the retailer and the location (unless ownership of the business at the location has been transferred in an arm's length transaction) shall be permanently ineligible for a permit.
(c) 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 fines or 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.
(d) Written notice of penalties. Whenever a fine is issued and/or a permit is suspended pursuant to this section, the department shall provide the retailer written notice of the fine and suspension, including when the suspension shall take effect.
(e) Appeals. Any penalties imposed under this section may be appealed pursuant to Section 4.64.150.
(Ord. 5633 § 2 (part), 2024: Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)