2012.03.05 ORD 2012-463 - Laserfiche WebLink

Home

Ordinance 2012-463 Tobacco (Prior Code, § 275-020) Sec. 38-46. - Exceptions and defenses. Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco - related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. (Prior Code, § 275-130) Sec. 38-47. - Violations and penalties. (a)Criminal penalty. Any person, firm or corporation violating any of the provisions of this article shall be guilty of a misdemeanor. (b)Civil penalty. The provisions of chapter 42, article II, shall apply to any and all licenses issued hereunder. If a retail establishment has its tobacco license suspended pursuant to a hearing conducted under the provisions of chapter 42, article II, that retail establishment shall, during the period of suspension, remove all tobacco, tobacco products and tobacco -related devices, and nicotine or lobelia delivery devices away from public view. (c)Schedule of offenses and penalties. Civil penalties shall be in the amount set forth in the fee schedule. This amount shall be calculated as against all offenses occurring within a 24 - consecutive month period from the date of the most recent violation. Any violation having occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in terms of imposing the fee. Fines shall be paid within 60 days of the time of issuance of the notice. The penalty shall be made payable to "The City of Hugo" and may be paid in person or by mail. (Prior Code, §§ 130-080, 275-120; Ord. No. 2010-440, 2-1-2010) Sec. 38-48. - Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of such an item by an employee shall also be considered a sale by the license holder, and each can be held responsible for any criminal and/or civil penalties imposed herein. (Prior Code, § 275-090) Sec. 38-49. - Compliance checks and inspections. All licensed premises shall be open to inspection by the city police, county sheriff s officers or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging minors to enter the licensed 3