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(A) Grounds for a fine. If the Finance Department determines that any unlicensed person, including a person named on a revoked or suspended license, has engaged in tobacco and e-cigarette retailing in violation of this chapter, the Finance Department shall fine that person as follows:
(1) A fine not exceeding $100 for a first violation in any 36-month period;
(2) A fine not exceeding $200 for a second violation in any 36-month period; or
(3) A fine not exceeding $500 for a third or subsequent violation in any 36-month period.
(4) Each day that such a person engages in tobacco and e-cigarette retailing shall constitute a separate violation.
(B) Imposition of Fine. If no request for a hearing is timely received in accordance with § 123.14, the Finance Department's determination on the violation and the imposition of a fine shall be final and payment shall be made within 30 days after notice of the fine was served in accordance with § 123.12(A)(1). If the fine is not paid within that time, the fine may be collected, along with interest at the legal rate, in any manner provided by law. In the event that a judicial action is necessary to compel payment of the fine and accumulated interest, the person or persons subject to the fine shall also be liable for the costs of the suit and attorney's fees incurred by the city in collecting the tine.
(Ord. 2015-018, passed 11-24-15)