817-16. Penalties for Tobacco Retailing Without a License.
(a) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard pursuant to Sections 817-14 and 817-15, 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 to be issued, a tobacco retailing license as follows:
(1) After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until sixty (60) 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 or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until one hundred eighty (180) days have passed from the date of the violation.
(3) After 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 or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction) until five (5) years have passed from the date of the violation.
(b) Any person subject to a penalty imposed under this section may appeal the decision within fourteen (14) calendar days of service of the notice of the decision. The request must be made to the Department in writing. An appeal hearing shall be held pursuant to the provisions of Section 817-15. (Ord. 2718, 7/11/2023)