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convicted of violating this section more than three times during any 24 -month <br />period shall be guilty of a misdemeanor. <br />Section 9 <br />Change the text of Section 802.090 as follows: <br />802.090. ADMINISTRATIVE PINE, SUSPENSION, OR <br />REVOCATION. Any violation of the City's regulations relative to the issuance <br />of a Tobacco Products License or of any conditions /restrictions attached to the <br />issuance of such license shall be cause for the imposition of an administrative <br />fine, the suspension of the license, or the revocation of the license. <br />(a) If the violation relates to a restriction of Section 802.070 other than <br />the sale of tobacco to minors or allowing a minor to sample tobacco the <br />Council may suspend the license for up to 60 days or revoke the license. <br />In addition to such action. or in lieu of such action, the Council may <br />impose a civil fine not to exceed $1,000.00 for each violation. <br />(b) If the violation relates to the sale of Tobacco Products to minors, <br />sale of nicotine or lobelia delivery devices to minors, or allowing <br />the sampling of tobacco by minors, by the licensee or the <br />licensee's employee, the following administrative fines, <br />suspensions, or revocations shall he imposed. <br />(1) The first such violation shall subject the licensee to the <br />payment of an administrative fine of $200.00; <br />(2) The second violation at the same location within 24 months <br />of a previous violation shall subject licensee to the payment <br />of an administrative fine of $500.00. <br />(3) <br />The third violation at the same Location within 24 months <br />of two previous violations shall subject the licensee to the <br />payment of an administrative fine of $1,000.00 plus a seven <br />(7) business day suspension of the license. <br />(4) The individual responsible for the sale to a minor shall he <br />charged an administrative penalty of $50.00, following <br />notice of the violation and an opportunity for a hearing <br />before the City Council. <br />(5) <br />The City Council retains the discretion to consider <br />suspension or revocation of a license at any time, if in the <br />view of the Council the circumstances of the violation call <br />for such a sanction. <br />6 <br />