09-24-2014 Council Agenda - Laserfiche WebLink

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impartial employee of the ci y or an impartial person retained by the city to conduct the hearing. (3) Decision. A decision shall be issued by the hearing officer within ten (10) business days. The decision of the hearing officer is final. If the hearing officer determines that a violation of this chapter did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under this section. shall be recorded in writing, a copy of which shall be provided to the city and the accused violator by in person delivery or mail as soon as practicable Likewise, if the hearing obiter finds that no violation occurred or finds grounds for not imposing any penalty. those findings shall be recorded and a copy provided to the city and the acquitted accused violator by in-person delivery or mail as boon as practicable. (4) Costs. If the administrative citation is upheld by the hearing officer, the city's actual expenses in holding the hearing up to a maximum of $1,000.00 shall be paid by the person requesting the hearing. (5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred within ten (10) business days. (6) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (c) Administrative penalties. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter. shall be charged an administrative fine of $200.00 for a first violation of this chapter; $500.00 for a second offense at the same licensed premises within a 24 -month period: and $1.000.00 for a third or subsequent offense at the same location within a 24 -month period. In addition after the third offense, the license shall be suspended for not less than seven consecutive days. (1) Other individuals. Other individuals, other than minors regulated by division (0(3) of this section found to be in violation of this chapter shall be charged an administrative fine of $50. (2) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products. tobacco - related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine or may be subject to tobacco -related education classes diversion programs, community services. or another penalty that the ci y believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts. educators, 7