5.3. SR 04-14-2008 - Laserfiche WebLink

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-3- Sec.26-34. Penalties. (a) Licensees. Any licensee found to have violated this article, ox whose employee has violated this article, shall be charged an administrative penalty of $75.00 fox a first violation of this article, $200.00 for a second offense at the same licensed premises within a 24-month period, and $250.00 fox a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. (b) Other persons. Other individuals, other than minors, found to be in violation of this article shall be charged an administrative penalty of $50.00. (c) Minors. Minors found in unlawful possession of ox who unlawfully purchase ox attempt to purchase tobacco, tobacco products or tobacco-related devices shall be charged an administrative penalty of $100.00 and/or be required to complete tobacco-related education classes, diversion programs, or community services. (d) Notice. No penalty or suspension may take effect until the licensee or other individual has received notice, served personally by mail, of the alleged violation and of the oppartunity for an administrative hearing pursuant to section 26-35. (e) Prosecution of violation as misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor fox any alleged violaton of this azticle. If the city elects to seek misdemeanor prosecution, such. action shall not prohibit an administrative penalty from also being imposed. Sec. 26-35. Administrative hearings on violations. (a) Request for heating. If a person accused of violating this article so requests within 45 days from the date of the notice, an administrative hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (b) Hearing officer. The heating shall be conducted by a person authorized by the city to conduct the hearing. It shall be the duty of the hearing officer to determine whether a violation of this article has occurred. (c) Conduct of hearing. The hearing must be scheduled within 14 days of the request. Notice of the date, time and place of the hearing must be provided to the accused at least ten days prior to the hearing. At the hearing, the alleged violator should again be informed of the charges, the basis of the charges, and be given the opportunity to provide his response. The person should be allowed to present any evidence he believes to be relevant. Any evidence the city has collected should also be made a part of the record at the administrative hearing. Following the review of any evidence and testimony, the hearing officer shall determine whether a violation has occurred and, if so, the penalty. The decision of the hearing officer shall be in the form of written findings of fact, conclusions and an order that provides the reasons for the fatal decision. A copy of the hearing officer s findings of fact, conclusions and order shall be provided to the alleged violator. (d) Imposition of penalty.