(A) Administrative civil penalties - individuals. If a person who is not a licensee is found to have violated this chapter, the person shall be charged an administrative penalty as follows:
(1) First violation. The city shall impose a civil fine not to exceed $100.
(2) Second violation within 12 months. The Council shall impose a civil fine not to exceed $200.
(3) Third violation within 12 months. The Council shall impose a civil fine not to exceed $300.
(B) Administrative civil penalties - licensee. If a licensee or an employee or representative of a licensee is found to have violated this chapter, the licensee shall be charged an administrative penalty as follows:
(1) First violation. The city shall impose a civil fine of $500 and suspend the license for not less than two consecutive business days.
(2) Second violation within 36 months. The Council shall impose a civil fine of $1,000 and suspend the license for not less than five consecutive business days.
(3) Third violation within 36 months. The Council shall impose a civil fine of $2,000 and suspend the license for not less than ten consecutive days.
(4) Fourth violation within 36 months. The Council shall revoke the license for not less than one year.
(C) Administrative penalty procedures. Notwithstanding anything to the contrary in this section: If one of the foregoing penalties is imposed by the city, no penalty shall take effect until the licensee or person has been served with notice (served personally or by mail delivered to the business address of the licensee) of the alleged violation and of the opportunity for a hearing before the Council, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within 15 business days of mailing or personal service of the notice or such hearing right shall terminate.
(D) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(E) Continuing violations. Each day that a violation of this chapter continues shall be considered a separate offense.
(Ord. 427, passed 12-12-22)