(a) Administrative fine. In addition to any other penalty authorized by law, an administrative fine and an ineligibility period for application or issuance of a permit shall be imposed if a court of competent jurisdiction determines, or the department finds based on a preponderance of evidence, that any person has engaged in retailing at a location without a valid permit, either directly or through the person's agents or employees, has pled guilty, "no contest" or its equivalent to such a violation, or has admitted to 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 ineligibility. The ineligibility period shall be as follows:
(1) For a first violation of this section at a location within any sixty-month period, no new permit may be issued for the person 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) For a second violation of this section at a location within any sixty-month period, no new permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until ninety calendar days have passed from the date of the violation.
(3) For each additional violation of this section at a location within any sixty-month period, no new permit may be issued 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.
(d) Waiver of penalties for first violation. The department may waive any penalties for a retailer's first violation of this section, unless the violation also involves 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) 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.
(f) Appeals. Any penalties imposed under this section may be appealed pursuant to Section 4.64.150. A timely appeal shall stay enforcement of the appealed penalties while the appeal is ongoing.
(Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)