Sec. 7-2.15. Stipulated fine in lieu of hearing.
For a first or second alleged violation of this Article within any sixty (60) month period, the Department may allow a tobacco retailer alleged to have violated this Article to stipulate in writing to the penalties provided in this section in lieu of the penalties that would otherwise apply pursuant to this Article and to forgo any right the tobacco retailer may have to a hearing pursuant to Section 7-2.13. Following the stipulation, no hearing shall be held. Stipulations shall not be confidential, shall be in writing, 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 Article at a location:
1.An agreement by the tobacco retailer to stop acting as a tobacco retailer for one (1) day;
2.An administrative penalty of one thousand dollars ($1,000);
3.An admission by the tobacco retailer that the first alleged violation of this Article at the location occurred; and
4.An agreement that the first alleged violation of this Article at the location shall be considered in determining the penalty for any future violation.
b.After a second alleged violation of this Article at a location within any sixty (60) month period:
1.An agreement by the tobacco retailer to stop acting as a tobacco retailer for ten (10) days;
2.An administrative penalty of five thousand dollars ($5,000);
3.An admission by the tobacco retailer that the second alleged violation of this Article at the location occurred; and
4.An agreement by the tobacco retailer that the second alleged violation of this Article at the location will be considered in determining the penalty for any future violations. (Ord. 3674 § 6, 2023; Ord. 3654 § 6, 2022; Ord. 3508 § 2, 2014. Formerly 19-119, 19-120)