(A) Administration civil penalties; individuals. If a person who is not a licensee is found to have violated this chapter, the person shall be charged an administrative penalty as follows:
(1) First violation. The city shall impose a civil fine of $300.
(2) Second violation within 12 months. The Council shall impose a civil fine of $500.
(3) Third violation within 12 months. The Council shall impose a civil fine of $800.
(B) Administrative civil penalties; licensee. If a licensee or an employee or representative of a licensee is found to have violated this chapter, the licensee shall be charged an administrative penalty as follows:
(1) First violation. The city shall impose a civil fine of $1,000 and suspend the licenses for not less than two consecutive days.
(2) Second violation within 36 months. The Council shall impose a civil fine of $2,000 and suspend the license for not less than five consecutive days.
(3) Third violation within 36 months. The Council shall impose a civil fine of $5,000 and suspend the license for not less than ten consecutive days.
(4) Fourth violation within 36 months. The Council shall revoke the license for not less than one year.
(C) Administrative penalty procedures. Notwithstanding anything to the contrary in this chapter: if one of the foregoing penalties is imposed by the city, no penalty shall take effect until the licensee or person has been served with notice (served personally or by mail delivered to the business address of the licensee) of the alleged violation and of the opportunity for a hearing before the Council pursuant to § 122.06. Such notice must be in writing and must provide that a right to a hearing before the Council must be requested within 15 business days of mailing or personal service of the notice or such hearing right shall terminate.
(D) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(E) Continuing violations. Each day that a violation of this chapter continues shall be considered a separate offense.
(F) 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 only be subject to non-criminal, non-monetary civil penalties or remedies such as THC-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the city determines to be appropriate. The City Council will consult with educators, parents, guardians, persons under the age of 21, public health officials, court personnel, and other interested parties to determine an appropriate remedy for persons under the age of 21 in the city in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time.
(Ord. 012, fourth series, passed 9-19-2023)