§ 5.91.130. Tobacco retailing without a license.

A.

In addition to any other penalty authorized by law, if the Department finds or any 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'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 of this section at a location within any sixty (60) month period, no new license may issue for the person at the location until thirty (30) days have passed from the date of the violation.

2.

After a second violation of this section at a location within any sixty (60) month period, no new license may issue for the person at the location until ninety (90) days have passed from the date of the violation.

3.

After of a third or subsequent violation of this section at a location within any sixty (60) month period, no new license may issue for the person at the location until five (5) years have passed from the date of the violation.

B.

Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this chapter are subject to seizure by the Department or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products or tobacco paraphernalia is given reasonable notice and an opportunity to demonstrate that the products were not offered for sale or exchange in violation of this chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 5.91.120 C. Forfeited tobacco products and tobacco paraphernalia shall be destroyed by the Department.

C.

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

1.

Each day on which a tobacco product, tobacco paraphernalia, or drug 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 or drug 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.

(Ord. 12867 § 2 (part), 2008; Ord. No. 13452, § 2, 9-19-2017)

Editor's note

See the editor's note to § 5.91.040.