§ 8.23.210. Tobacco retailing without a license.

(a)

In addition to any other penalty authorized by law, if the health officer finds, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for or be issued a tobacco retailing license for that location as follows:

(1)

After a first violation at a location within any sixty-month period, no new license may issue for the person at the location until sixty days have passed from the date of the violation.

(2)

After a second violation at a location within any sixty-month period, no new license may issue for the person at the location until one hundred eighty days have passed from the date of the violation.

(3)

After a third or subsequent violation at a location within any sixty-month period, no new license may issue for the person at the location until five years have passed from the date of the violation.

(b)

For the purposes of the civil remedies provided in this chapter:

(1)

Each day on which a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter; or

(2)

Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this chapter;

whichever is greater shall constitute a separate violation of this chapter.

(c)

Persons found engaging in tobacco retailing without a valid tobacco retailer's license may appeal this finding in accordance with Section 8.23.200(b).

(Ord. No. 3159 § 2, 8-19-08)