765.05 CIVIL ENFORCEMENT.

   (a)   The Department shall conduct an inspection, which shall include an underage buy attempt, at least once per licensing period for all licenses.

   (b)   The Department shall conduct an inspection at least once during the event for all temporary retail tobacco and paraphernalia sales licenses.

   (c)   If the Department observes violation(s) of this Chapter at a retail tobacco and paraphernalia sales location or at a temporary retail tobacco and paraphernalia sales location, 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, $500.00.

      (2)   Second and additional violations within two years of the first violation, $1,000 per violation.

      (3)   Violations of this Chapter which occur more than two years after a prior violation shall not be considered a second or additional violation of this Chapter if there has been no violation during the intervening time period.

      (4)   Licensees have the right to appeal civil penalties in accordance with Columbus City Health Code 203.08.

   (d)   The Department of Public Safety, Division of Police, retains full authority to enforce Sections 765.06 and 765.07 of the Codified Ordinances.

(Ord. 44-2018. Passed 9-17-18.)