Sec. 7-2.11. 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 after notice and opportunity to be heard pursuant to Section 7-2.12, that any person has engaged in tobacco retailing at a location without a valid license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a 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 imposition of a penalty pursuant to this section shall be in writing, setting forth the reasons for the imposition of a penalty and notifying the person subject to the penalty that the decision to impose the penalty shall become final unless the person seeks an appeal pursuant to Section 7-2.13 within fourteen (14) calendar days of the date of service of the Department’s decision. Service of the decision shall be provided in accordance with the service requirements set forth in Section 7-2.12(a). (Ord. 3674 § 6, 2023; Ord. 3654 § 6, 2022; Ord. 3508 § 2, 2014. Formerly 19-115, 19-116)