A. If the city manager finds, after notice and hearing, that a person required to have a tobacco retailer's license is selling or offering tobacco products for sale without a license, that person may be subject to an administrative fine of up to one hundred dollars ($100) for a first violation, up to two hundred dollars ($200) for a second violation within one year, and up to five hundred dollars ($500) for the third and subsequent violation within one year.
B. Each day that tobacco products are offered for sale without a license by a tobacco retailer required to have a license, shall constitute a separate violation. A finding of “offering for sale” shall be made if tobacco products are actually sold or displayed in the retail establishment.
C. Notice of the city manager's intention to impose a fine shall be served on the tobacco retailer or the person who is the owner of the establishment, by certified mail. The notice shall contain an advisement of the right to request a hearing before the City Manager to contest the imposition of the fine. Such hearing must be requested within ten days of the date of the notice of the fine.
D. Any fine imposed by the City Manager may be appealed to the
City Council
within ten days of the decision of the City Manager. The appeal must be in writing and must be accompanied by the appeal fee as specified in the city's fee schedule. (Ord. 2019-06 (part), 2019; Ord. 99-105 § 1(part), 1999).