Unless otherwise prescribed by state or federal law, the following penalties shall be the exclusive remedy for violations of this chapter.
(A) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine of $75 for a first violation of this chapter, and $200 for a second offense at the same licensed premises within a 24-month period. In addition, after the second offense, the license shall be suspended for not less than seven days.
(B) Other individuals. Individuals, other than persons under 21 years of age, found to be in violation of this chapter, shall be charged with a petty misdemeanor with a maximum fine of $300.
(C) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase, or attempt to purchase, licensed products may, within the discretion of law enforcement, be subject to noncriminal, non-monetary civil penalties, such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate, or, in the alternative, be guilty of a petty misdemeanor with a maximum fine of $300.
(D) Misdemeanor. Nothing in this chapter shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter by any person 21 years of age or older.
(Ord. 44, third series, passed 10-15-2019)