(a) In addition to any other penalties provided under this article, any person found responsible under this article shall be guilty of a civil infraction and punished in accordance with the mandatory penalties prescribed in minor section 1-8(2) and under the procedures outlined in chapter 8 of this City Code.
(b) If any court of competent jurisdiction determines, or the department finds, that a tobacco retail establishment with a license, or its tobacco retailer or any of its agents or employees, has violated a local, state, or federal law regulating tobacco sales or does not comply with this article, the following penalties also apply:
(1) For a first violation at a tobacco retail establishment, the court or the department will issue the tobacco retailer a fine of five hundred dollars ($500).
(2) For a second violation at a tobacco retail establishment within thirty-six (36) months of the first violation, the court or the department will assess a fine of seven hundred fifty dollars ($750) and the tobacco retail establishment's license shall be suspended for a period of seven (7) days, during which time the tobacco retail establishment shall be prohibited from distributing tobacco products.
(3) For a third violation at a tobacco retail establishment within thirty-six (36) months of the first violation, the court or the department will assess a fine of one thousand dollars ($1000) and the tobacco retail establishment's license shall be suspended for a period of thirty (30) days, during which time the tobacco retail establishment shall be prohibited from distributing tobacco products.
(4) For a fourth violation at a tobacco retail establishment within thirty-six (36) months of the first violation, the court or the department will assess a fine of one thousand dollars ($1000) and revoke the license for that tobacco retail establishment. The tobacco retail establishment may not apply for a new license within twelve (12) months following the revocation pursuant to this subsection.
(5) Any such tobacco retail establishment or its tobacco retailer found in violation will also be charged a two hundred dollar ($200) fee for a re-inspection that the department may conduct within three (3) months of the violation.
(c) If any court of competent jurisdiction determines, or the department finds, that a tobacco retail establishment operating without a valid license, or its tobacco retailer or any of its agents or employees, has violated a local or state law regulating tobacco sales or does not comply with this chapter, the following penalties also apply:
(1) For the first violation within a thirty-six (36) month period, the court or the department will assess a fine of one thousand dollars ($1000).
(2) For a second violation within a thirty-six (36) month period, the court or the department will assess a fine of one thousand five hundred dollars ($1500). The tobacco retail establishment will be ineligible to apply for a license for six (6) months.
(3) For each additional violation within a thirty-six (36) month period, the court or the department will assess a fine of two thousand five hundred dollar ($2500) and the tobacco retail establishment may not apply for a license for thirty-six (36) months.
(4) Any tobacco retail establishment operating without a valid license must also comply with section 7-428 of this chapter.
(d) Multiple violations of this article, or of any other local or state law applicable to tobacco products or tobacco retailing, identified during a single inspection are counted as a single violation with respect to penalties imposed under this article.
(e) All applicable fees must be paid before a license is issued or renewed.
(f) A tobacco retail establishment or its tobacco retailer or any of its employees or agents may appeal the penalties imposed by a court of competent jurisdiction as otherwise provided under Arizona law. A department-issued suspension of a license for a tobacco retail establishment is subject to section 7-434 below.
(Ord. 11703, § 2, 10-22-19)