817-17. Stipulated Fine in Lieu of Hearing.
For a first or second alleged violation of this chapter within any sixty (60) month period, the Department may allow a tobacco retailer alleged to have violated this chapter to stipulate to the penalties provided in this section in lieu of the penalties that would otherwise apply under this chapter and to forgo a hearing on the allegations. Stipulations shall not be confidential, may be used in hearings for any future violations, and shall contain the following terms plus any other noncriminal provisions established by the Department in the interests of justice:
(a) After a first alleged violation of this chapter at a location:
(1) An agreement to stop acting as a tobacco retailer for five (5) consecutive days;
(2) An administrative penalty of two thousand dollars ($2,000.00); and
(3) An admission that the violation occurred and a stipulation that the violation will be considered in determining the penalty for any future violation.
(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 ten (10) consecutive days;
(2) An administrative penalty of five thousand dollars ($5,000.00); and
(3) An admission that the violation occurred and a stipulation that the violation will be considered in determining the penalty for any future violations. (Ord. 2718, 7/11/2023)