§ 5.91.140. Settlement in lieu of hearing.

For a first or second alleged violation of this chapter within any sixty (60) month period, the City Administrator or authorized designee may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the City Council. Notice of any settlement shall be provided to the Department and no hearing shall be held. The tobacco retailer's license shall be suspended until adoption of this settlement agreement. After the settlement agreement has been adopted, the license shall continue under the same terms prior to the settlement, unless otherwise stated. Settlements shall not be confidential and shall contain the following minimum terms:

A.

After a first alleged violation of this chapter at a location within any sixty (60) month period:

1.

An agreement to stop acting as a tobacco retailer for at least one day;

2.

A settlement payment to the city of at least one thousand dollars ($1,000.00); and

3.

An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

B.

After a second alleged violation of this chapter at a location within any sixty (60) month period:

1.

An agreement to stop acting as a tobacco retailer for at least ten (10) days;

2.

A settlement payment to the city of at least five thousand dollars ($5,000.00); and

3.

An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

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

Editor's note

See the editor's note to § 5.91.040.