05-22-2013 Council Agenda - Laserfiche WebLink

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or nicotine or lobelia delivery device to a person under eighteen (18) years of age. Any person convicted of violating this section shall pay a fine of $100.00 for the first such conviction. Any person convicted to violating this section twice shall pay a fine of $125.00. Any person convicted of violating this section three times shall pay a fine of $150.00. Any person convicted of violating this section more than three times during any 24 -month period shall be guilty of a misdemeanor. 802.090. ADMINISTRATIVE FINE, SUSPENSION, OR REVOCATION. Any violation of the City's regulations relative to the issuance of a Tobacco Products License or of any conditions /restrictions attached to the issuance of such license shall be cause for the imposition of an administrative fine, the suspension of the license, or the revocation of the license. (a) If the violation relates to a restriction of Section 802.070 other than the sale of tobacco to minors or allowing a minor to sample tobacco, the Council may suspend the license for up to 60 days or revoke the license. hn addition to such action, or in lieu of such action, the Council may impose a civil fine not to exceed $1,000.00 for each violation. (b) If the violation relates to the sale of Tobacco Products to minors, sale of nicotine or lobelia delivery devices to minors, or allowing the sampling of tobacco by minors, by the licensee or the licensee's employee, the following administrative fines, suspensions, or revocations shall be imposed. (1) The first such violation shall subject the licensee to the payment of an administrative fine of $200.00; (2) The second violation at the same location within 24 months of a previous violation shall subject licensee to the payment of an administrative fine of $500.00. (3) The third violation at the same location within 24 months of' two previous violations shall subject the licensee to the payment of an administrative fine of $1,000.00 plus a seven (7) business day suspension of the license. (4) The individual responsible for the sale to a minor shall be charged an administrative penalty of $50.00, following notice of the violation and an opportunity for a hearing before the City Council. (5) The City Council retains the discretion to consider suspension or revocation ofa license at any time, if in the view of the Council the circumstances of the violation call for such a sanction. (c) The imposition of an administrative fine upon a licensee, and /or suspension of 802 -5 6