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(a) All tobacco products at any tobacco retail establishment to which persons under twenty- one (21) years old are permitted entry must be maintained:
(1) Behind a counter in an area accessible only to employees of the tobacco retail establishment; or
(2) In a locked container accessible only to employees of the tobacco retail establishment; or
(3) Otherwise out of physical reach of any consumer and only accessible to employees of the tobacco retail establishment.
(Ord. No. 11703, § 2, 10-22-19)
(a) A tobacco retailer and/or any employee at a tobacco retail establishment shall not sell, furnish, give, or provide any tobacco product to any person under the age of twenty-one (21).
(b) Before selling, furnishing, giving, or providing a tobacco product to any person who appears to be under the age of thirty (30), a tobacco retailer or any employee at a tobacco retail establishment must examine an approved form of identification and verify that the person is at least twenty-one (21) years of age.
(c) For the purposes of this section, the following forms of identification, if valid, unexpired, and including a picture of the person and the person's date of birth, are approved for age verification:
(1) A driver license or nonoperating identification card issued by any state or territory of the United States or Canada;
(2) A United States Armed Forces identification card;
(3) A passport;
(4) A resident alien card.
(Ord. No. 11703, § 2, 10-22-19)
(a) A tobacco retail establishment must post a clearly visible sign stating "No tobacco products or electronic smoking devices will be sold to persons under the age of twenty-one (21) at every location where such products are available for purchase. The tobacco retailer for the tobacco retail establishment is responsible for compliance with this requirement.
(b) The City of Tucson will provide signs at the time of the license approval or renewal, or upon request.
(c) Signs must be no smaller than 4 inches by 6 inches, and include the appropriate department website and phone number.
(d) Failure to comply with this section is a violation under section 7-432 only after the tobacco retail establishment or its tobacco retailer has failed to correct any deficiency at the department's request.
(Ord. No. 11703, § 2, 10-22-19)
(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)
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. Nothing in this chapter prohibits the prosecution of criminal offenses under any applicable law. The department may enforce this chapter in a civil action, including administrative or judicial proceedings, civil code enforcement proceedings, and suits for injunctive relief.
(Ord. 11703, § 2, 10-22-19)
(a) The director of the department, upon notification that grounds for suspension or revocation of a tobacco retail establishment's license by the department exist, shall file a written petition for suspension or revocation with the city court, requesting that time and place be set for a hearing and specifying the grounds for suspension or revocation per this article. Within five (5) days a magistrate, special magistrate or limited special magistrate shall schedule a hearing to be conducted within fifteen (15) days of the receipt of the petition to suspend or revoke. The magistrate, special magistrate or limited special magistrate shall notify the parties in the manner provided in this article and shall state the grounds relied upon for the proposed suspension or revocation. Should the licensee fail to appear at the hearing, a default judgment of suspension or revocation shall be entered. A record shall be kept of all proceedings. No license shall be suspended or revoked unless grounds therefor are established by a preponderance of the evidence. The hearing shall be held in an informal manner as to the order of proceeding and presentation of evidence. The Arizona Rules of Evidence shall not apply. Any evidence offered shall be admitted subject to a determination by the magistrate, special magistrate, or limited special magistrate that the offered evidence is relevant and material and has some probative value as to a fact at issue. The magistrate, special magistrate or limited special magistrate shall provide the licensee and other parties written notice of the decision within five (5) days, pursuant to subsection (b) of this section. Suspension or revocation of a license shall be effected by the magistrate, special magistrate or limited special magistrate's signing of the written notice of the decision. A licensee's right to sell tobacco products under authority of the license shall terminate immediately upon giving or mailing to the licensee a copy of the signed decision suspending or revoking the license; except that the suspension or revocation may be stayed by the superior court pending a timely appeal of the decision by special action. Such appeal must be filed within ten (10) days after the decision to suspend or revoke is signed unless the decision is mailed, in which case the appeal must be filed no later than fifteen (15) days after entry of the decision. The appellee shall bear the cost of preparing the record of appeal. If an appeal is not timely made, the suspension or revocation becomes final.
(b) Notices required by this section shall be served by certified mail to the licensee's attorney or to the licensee at the address as shown on the tobacco retail license, or by personal service.
(Ord. No. 11703, § 2, 10-22-19)
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