§ 131.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99(A) of this code of ordinances.
   (B)   (1)   Aside from as specified in § 131.21(B) of this chapter, any other use of persons under 21 years of age to test compliance shall be unlawful and punishable by the town by a fine of $100.
(Prior Code, § 6-6B-6)
      (2)   (a)   Fine for sale or furnishing. When a person violates § 131.22 of this chapter, the town may assess such person a fine of $25 for the first offense within a one-year period, $50 for the second offense within a one-year period and $75 for a third offense or subsequent offense within a one-year period. Proof that the defendant demanded, was shown and reasonably relied upon proof of age shall be a defense to any action brought pursuant to this division (B)(2).
         (b)   Violation by an employee. If the sale is made by an employee of the owner of a store at which tobacco products are sold at retail, then the employee shall be guilty of the violation and shall be subject to the fine.
         (c)   Each business location a separate entity. For the purpose of determining the liability of a person controlling franchises or business operations in multiple locations for any violation of § 131.22 of this chapter, each individual franchise or business location shall be deemed a separate entity.
         (d)   License suspension upon failure to pay. Upon failure of the person or employee to pay the fine within 90 days of the day of the assessment of such fine, the town shall notify the State Department of Public Safety, and said Department shall suspend or not issue a driver’s license to said person until proof of payment has been furnished to the Department of Public Safety.
(Prior Code, § 6-6B-2)
      (3)   (a)   Fine for purchase, acceptance or possession. When a person violates § 131.23 of this chapter, the town may assess such person a fine of $25 for a first offense within a one-year period, a fee of $50 for a second offense within a one-year period and $75 for a third or subsequent offense within a one-year period.
         (b)   License suspension upon failure to pay. Upon failure of the individual to pay such fine within 90 days of such fine, the town shall notify the State Department of Public Safety, and said Department shall suspend or not issue a driver’s license to said individual until proof of payment has been furnished to the Department of Public Safety.
(Prior Code, § 6-6B-3)
      (4)   (a)   Fine for distribution. When a person violates § 131.24 of this chapter, the town may assess such person a fine of $25 for the first offense within a one-year period, $50 for the second offense within a one-year period and $75 for a third offense within a one-year period.
         (b)   License suspension upon failure to pay. Upon failure of an individual to pay the fine within 90 days of the assessment of such fine, the town shall notify the State Department of Public Safety, and said Department shall suspend or not issue a driver’s license to said individual until proof of payment has been furnished to the Department of Public Safety.
(Prior Code, § 6-6B-4)
      (5)   When a person violates § 131.25 of this chapter, the town may assess such person a fine of $200 for each offense.
(Prior Code, § 6-6B-5)
(Ord. 97-01, passed 1-13-1997)