(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Any violation of § 116.02 of this chapter is an offense against the town; upon conviction of any such offense, the violator shall be punished as follows:
(a) Not more than $100 for the first offense;
(b) Not more than $200 for the second offense within a two-year period following the first offense;
(c) Not more than $300 for the third offense within a two-year period following the first offense. In addition to any store’s license to sell tobacco products or nicotine products or the store’s sales tax permit for a store that is predominantly engaged m the sale of vapor products in which the sale of other products is merely incidental may be suspended for a period not exceeding 30 days; and
(d) Not more than $300 for a fourth or subsequent offense within a two-year period following the first offense. In addition to any other penalty, the store’s license to sell tobacco products or the store’s sales tax permit for a store that is predominantly engaged in the sale of vapor products in which the sale of other products is merely incidental may be suspended for a period not exceeding 60 days.
(2) (a) Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought pursuant to § 116.02 of this chapter. A person cited for violating § 116.02 of this chapter shall be deemed to have reasonably relied upon proof of age, and such person shall not be found guilty of the violation if such person proves that:
1. The individual who purchased or received the tobacco product or vapor product presented a driver’s license or other government-issued photo identification purporting to establish that such individual was 21 years of age or older; or
2. The person cited for the violation confirmed the validity of the driver’s license or other government-issued, photo identification presented by such individual by performing a transaction scan by means of a transaction scan device.
(b) Provided that, this defense shall not relieve from liability any person cited for a violation of § 116.02 of this chapter if the person failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the driver’s license or other government-issued photo identification was that of the individual who presented it. The availability of the defense described in this division (B)(2) does not affect the availability of any other defense under any other provision of law.
(C) When a person is convicted or enters a plea and receives a continued sentence for a violation of § 116.03 of this chapter, the total of any fines, fees or costs shall not exceed the following:
(1) Not more than $100 for the first offense;
(2) Not more than $200 for the second offense; and
(3) Not more than $300 for the third or subsequent offense.
(Ord. 2022-3-1, passed 3-10-2022)