ORD 2209 - Laserfiche WebLink

Ordinance 2209 Page 7 of 11 8. Sell or offer for sale tobacco products which do not meet the minimum package sizes and prices in Section 9.32.065; 9. Honor coupons or provide discounts to allow a consumer to purchase a tobacco product for less than full retail price as set forth in Section 9.32.065.C; 10.Violate any local, state or federal law applicable to tobacco products, tobacco paraphernalia or tobacco retailing; B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter; C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and exclusive. D. Violations of this chapter are hereby declared to be public nuisances. E. No monetary fines under the municipal code are to be assessed on employees of the permittee for such employee's violations of this chapter. Violations of this chapter are subject to tobacco retailer permit suspension or revocation as provided in Section 9.32.160. 9.32.150 Tobacco Retailing Without a Valid Permit. In addition to any other penalty authorized by law, if the city finds or a court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer permit, either directly or through the person's agents or employees, the person shall be ineligible to receive a permit as follows: A. Upon a first violation of this section at a location within any five (5) year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until thirty (30) days have passed from the date of the violation. B. Upon a second violation of this section at a location within any five (5) year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until one (1) year has passed from the date of the violation. C. Upon a third or subsequent violation of this section at a location within any five (5) year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction). 9.32.160 Suspension or Revocation of Tobacco Retailer Permit. A. Suspension or Revocation of Tobacco Retailer Permit for Violation. In addition to any other penalty authorized by law, a tobacco retailer permit shall be suspended or revoked if the city finds or a court of competent jurisdiction determines, after the permittee is afforded notice and an opportunity to be heard, that the permittee, or any of the permittee's agents or employees, has violated any provision of this chapter. 1. Upon a finding of a first violation of this chapter at a location within any five (5) year period, the permit shall be suspended for thirty (30) days.