765.05 ENFORCEMENT AND CIVIL PENALTY.
   (a)    The Department shall enforce all applicable provisions of this Chapter and all regulations adopted pursuant hereto.
   (b)    The Department may conduct inspections, which may include Underage Buy Attempts and/or Flavored Tobacco Product buy attempts, for all Retail Tobacco Establishments within the City of Worthington that have Retail Tobacco Product Sales licenses.
   (c)    The Department may conduct inspections which may include Underage Buy Attempts and/or Flavored Tobacco Product buy attempts, during Temporary Retail Tobacco Product Sales Liencee’s events.
   (d)    If the Department observes a violation(s) of this Chapter at a Retail Tobacco Establishment that has a Retail Tobacco Product Sales license or Temporary Retail Tobacco Product Sales license, the following schedule of civil penalties shall be imposed on the Licensee, in addition to the sanctions specified in Section 765.03(a):
      (1)    For a first violation, a fine of one thousand dollars ($1,000.00).
      (2)    For a second violation within two (2) years of the first violation, a fine of five thousand dollars ($5,000.00) per violation.
      (3)    For a third and any subsequent violation within two (2) years of the first violation:
         A.    A fine of ten thousand dollars ($10,000.00) per violation; and
         B.    Revocation of any existing Retail Tobacco Product Sales license or Temporary Retail Tobacco Product Sales license and imposition of a two-year ineligibility to obtain a Retail Tobacco Product Sales license or Temporary Retail Tobacco Product Sales license.
      (4)    Licensees have the right to appeal civil penalties in accordance with Columbus City Health Code 203.08.
   (e)    The Department of Public Safety, Division of Police, retains full authority to enforce Sections 765.06 and 765.07 of the Codified Ordinances.
(Ord. 25-2023. Passed 11-20-23.)