§ 11.35.120. Violation—Other penalties.

A.

In addition to any other penalties and remedies provided by law, including the provisions of this chapter, any violation of the provisions of this chapter may be charged as a misdemeanor pursuant to chapter 1.24 of this code, or, in the discretion of the prosecutor, as an infraction. Any person who violates any provision of this chapter is subject to a suit for injunction as well as prosecution for any criminal violation.

B.

In addition to any other penalty under this chapter, a person found to have engaged in tobacco retailing without a valid tobacco retailing license shall be ineligible to apply for or be issued a tobacco retailing license as follows:

1.

After a first violation for a person within any five year period, no new license may be issued for the person as a proprietor until thirty days have passed from the date of last violation;

2.

After a second violation for a person within any five year period, no new license may be issued for the person as a proprietor until ninety days have passed from the date of last violation;

3.

After three or more violations for a person within any five year period, no new license may be issued for the person as a proprietor until five years have passed from the date of last violation;

4.

Each day that a person engages in tobacco retailing without a valid tobacco retailing license shall constitute a separate violation; and

5.

Any person found by the director to be ineligible to be issued a license pursuant to this section may request an administrative review within ten days of notice of the violation. The request must be made to the director in writing. Any administrative review shall be held pursuant to the provisions of section 11.35.110 of this chapter.

C.

Violations of this chapter are hereby declared to be public nuisances.

(Ord. 2007-0118 § 3 (part), 2007.)