(1) The penalty for violation of this Chapter shall be a fine not exceeding three hundred dollars ($300), together with imprisonment not exceeding ninety (90) days, if the fine and any costs are not paid within ten (10) days.
(2) Whenever any officer with authority to enforce ordinances, including for purposes of this Section any Department of Public Health or Department of Licenses and Inspections inspector, becomes aware of a violation of this Chapter, such officer shall hand or deliver to the violator a printed notice of violation. If the violator is a retail outlet or other business establishment, the officer shall hand or deliver the notice to the manager of the outlet or establishment or an on-site supervisor. Such notice shall bear the date, time and nature of the violation, when known; the identity and address of the violator; the amount to be remitted in response to the notice; and the penalty which can be imposed by the court for the violation; and shall be signed by the person issuing the notice and shall bear the badge number or other official identification number of the officer issuing the notice.
(3) Any person who received a notice of violation may, within ten (10) days, pay one hundred dollars ($100), admit the violation, and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when the stipulated payment is remitted.
(4) If a person who receives a notice of violation fails to make the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. Such a complaint may be issued irrespective of whether a notice of violation was previously issued for such violation.
(5) Upon a finding of a third cigarette-sales violation committed at a single location or within a single business establishment, any and all cigarette vending machines located at such location or within such establishment shall be removed by the owner of such machine, and no person shall install or maintain any cigarette vending machine at such location or in such establishment. For purposes of this subsection, a cigarette-sales violation shall be any violation of this Section; or any violation of Section 9-622, relating to cigarettes and tobacco products. The Department of Licenses and Inspections may remove any machine maintained in violation of this Section and may bill the owner of the establishment where such machine is located or the owner of the machine for the cost of removal.