Laserfiche WebLink
PUBLIC HEALTH <br />LAW CENTER <br />aS Mktchill NamlFne Sf.M010(l2w <br />(5) Costs. If the citation is upheld by the hearing officer, the city/county's actual expenses <br />in holding the hearing up to a maximum of [ $1.0001 must be paid by the person <br />requesting the hearing. <br />(6) Appeals. Appeals of any decision made by the hearing officer must be filed in <br />11 County district court within 10 business days of the date of the decision. <br />(7) Continued violation. Each violation, and every day in which a violation occurs or <br />continues, shall constitute a separate offense. <br />(B) Administrative penalties. <br />(1) Licensees. Any licensee found to have violated this ordinance, or whose employee <br />violated this ordinance, will be charged an administrative fine of [ $200] for a first <br />violation and will be subject to a 7 -day license suspension; [ $5001 and a 30 -day <br />license suspension for a second offense at the same licensed premises within a <br />24 -month period; and C $7501 and a 90 -day suspension for a third or subsequent <br />offense at the same location within a 24 -month period. Upon a fourth violation within <br />a 24 -month period, the license will be revoked with no option to reapply:$ <br />(2) Other individuals. Individuals, other than persons under the age of 21 regulated by <br />division (B)(3) of this section, who are found to be in violation of this ordinance will <br />be charged an administrative fine of [ $501. <br />(3) Persons under the Age of 21. Persons under the age of 21 who use a false identification <br />to purchase or attempt to purchase licensed products may only be subject to non- <br />criminal, non -monetary civil penalties such as tobacco -related education classes, <br />diversion programs, community services, or another penalty that the city determines <br />to be appropriate. The City Council/ Board of Commissioners will consult with court <br />personnel, educators; parents, children and other interested parties to determine an <br />appropriate penalty for persons under the age of 21 in the city/county. The penalty <br />may be established by ordinance and amended from time to time. <br />(C) Misdemeanor prosecution. Nothing in this section prohibits the city/county from seeking <br />prosecution as a misdemeanor for any alleged violation of this ordinance by a person 21 <br />years of age or older. <br />June 2019 <br />134 -- <br />