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(A) Enforcement authority. All Sheriff’s deputies shall have the power to enforce the provisions of this chapter, which shall include the authority to conduct annual compliance checks subject to staffing and budgetary constraints.
(B) County Executive.
(1) The County Executive may authorize any Sheriff’s deputy to enter any place used for the retail sale of tobacco products or alternative nicotine products, during normal business hours, licensed or unlicensed hereunder, to determine whether any of the provisions of this chapter have been violated, and at that time to examine the premise/facility.
(2) The County Executive may receive complaints from any citizen within its jurisdiction that any of the provisions of this chapter, or any state law regarding the illegal sale of tobacco or alternative nicotine products, have been or are being violated and to act upon the complaints.
(3) The County Executive shall have the right to examine or cause to be examined under oath, any applicant for a retail tobacco product license or for a renewal thereof, or any person legally responsible for any premises/facility upon whom notice of violation, revocation or suspension has been served and to examine or cause to be examined, the books and records of any applicant, licensee or person legally responsible for any premises/facility; to swear in witnesses, hear testimony and take proof for his or her information in the performance of his or her duties, and for these purposes to issue subpoenas which shall be effective in any part of this state. For the purpose of obtaining any information desired by the County Executive under this chapter, he or she may authorize his or her agent or agents to act on his or her behalf.
(C) Closing retail tobacco premises.
(1) The County Sheriff’s deputies may immediately close a premises/facility for the unlicensed retail sale of tobacco products. The facility shall then be closed for the rest of the business day and be allowed to operate the following business day but may not engage in the retail sale of tobacco products unless properly licensed pursuant to this chapter.
(2) If the County Executive has reason to believe that any premise/facility engaged or is engaging in the unlicensed retail sale of tobacco products he or she may, upon the issuance of a written order stating the reason for the conclusion and without notice or hearing, order the unlicensed premises to cease all retail sales of tobacco products for not more than seven days, giving the premises/facility an opportunity to be heard during that period, except that if the premises/facility shall also be engaged in the conduct of another business or businesses on the licensed premises/facility the order shall not be applicable to other business or businesses. Upon notice from the County Executive or the County State’s Attorney’s office, the County Executive will issue an ex parte order and shall schedule a hearing on the matter not later than five working days from the date of the order, excluding holidays, Saturdays and Sundays.
(3) The County Executive may revoke or suspend any retail tobacco product license issued by him or her if he or she determines that the licensee has violated any of the provision of this chapter or any state law regarding the illegal sale of tobacco. In lieu of suspension or revocation, the County Executive may instead levy a fine on the licensee for the violations.
(1) The County Executive may levy a fine on the person legally responsible for a premises/facility if he or she determines that the person legally responsible for a premises/facility has violated any of the provisions of this chapter or any state law regarding the illegal sale of tobacco.
(2) All fines imposed by the County Executive must be paid by cash, money order or certified check made payable to the County Treasurer.
(3) All fines imposed by the County Executive must be paid within ten days. Failure to pay the fine within the ten-day period will constitute a separate offense.
(4) All fines imposed by the County Executive may be paid to the County Executive on the day of the hearing. All fines imposed by the County Executive not paid on the day of hearing shall be paid to the Treasurer.
(E) Violation. Every act or omission of whatsoever nature, constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any premises/facility shall be deemed and held to be the act of the person legally responsible for the premises/facility; and the person legally responsible for the premises/facility shall be punishable in the same manner as if the act or omission had been done or omitted by the person legally responsible for the premises/facility personally.
(1980 Code, § 120.16) (Ord. 09-181, adopted 6-18-2009; Ord. 19-186, adopted 8-15-2019) Penalty, see § 120.99