(a)
In addition to the remedies set forth in this chapter, violations
of a tobacco retailer's license may be enforced as follows:
(b)
Any person acting for the interests of itself, its members, or the
general public may bring an action for injunctive relief to prevent
future violations or to recover actual damages.
(c)
The remedies provided by this chapter are cumulative and in addition
to any other criminal or civil remedies.
(Ord. 2075 § 2, 2010)
In addition to any other general functions, powers, and duties
given to the city attorney by this code or California law, the city
attorney is authorized to:
(a)
Prosecute on behalf of the people all criminal and civil cases for
violations of this chapter including, without limitation, administrative
or judicial nuisance abatement and suits for injunctive relief;
(b)
Prosecute all actions for the recovery of fines, penalties, forfeitures,
and other money accruing to the city under this chapter.
(Ord. 2075 § 2, 2010)
Upon determining that a person is violating this chapter, the
chief must serve a notice of violation on the apparent violator. The
notice must state the basis of such violations and provide information
regarding appeals rights.
(Ord. 2075 § 2, 2010)
The judgment of any court of competent jurisdiction, or the
admission of a tobacco retailer licensee in any civil or criminal
action against a tobacco retailer licensee, whether the city is a
party or not, that the tobacco retailer has violated any tobacco-related
local, state, or federal law is conclusive of that fact for purposes
of enforcing this chapter.
(Ord. 2075 § 2, 2010)
(a)
In addition to any other enforcement remedy, the chief may fine a
tobacco retailer for violating this chapter as follows:
(1)
A fine not exceeding one hundred dollars for a first violation in
any twelve-month period;
(2)
A fine not exceeding two hundred dollars for a second violation in
any twelve-month period; or
(3)
A fine not exceeding five hundred dollars for a third or subsequent
violation in any twelve-month period.
(Ord. 2075 § 2, 2010)
An administrative fine must be paid to the city within thirty
days from the date of the notice of violation or, if an appeal is
made, within fifteen days after the date of the city manager's notice
of the decision to uphold the imposition of administrative fines,
whichever is later.
(Ord. 2075 § 2, 2010)
(a)
A penalty of ten percent is added on any delinquent fines on the
last day of each month after the due date. The penalty will not exceed
fifty percent of the fine.
(b)
In addition to penalties provided by this section, delinquent fines
accrue interest at the rate of one percent per month, exclusive of
penalties, from the due date.
(Ord. 2075 § 2, 2010)
All fines, fees, penalties, and interest imposed pursuant to
this chapter are civil debts owed to the city by the person fined.
In the event that judicial action is necessary to compel payment of
any debt owed to the city, the person or persons subject to the fine
are also liable for the costs of suit and attorneys' fees incurred
by the city to collect the fine.
(Ord. 2075 § 2, 2010)
In addition to any other penalty authorized by law, the chief
may suspend or revoke a tobacco retailer's license for the following
reasons:
(a)
Upon learning or discovering facts that require license denial under
this chapter that were not previously disclosed or reasonably discoverable;
or
(b)
If the licensee violates the tobacco retailer license conditions.
(Ord. 2075 § 2, 2010)
(a)
After serving a notice of violation, the chief may suspend a tobacco
retailer's license as follows:
(1)
Upon finding a first license violation within any sixty-month period,
a thirty-day suspension;
(2)
Upon finding a second license violation within any sixty-month period,
a ninety-day suspension;
(3)
Upon finding a third license violation within any sixty-month period,
a one-year suspension;
(4)
Upon finding a fourth license violation within any sixty-month period,
revocation.
(b)
Nothing in this section is intended to limit the chief's ability
to impose a different suspension period or to revoke a license as
the circumstances of a violation may require.
(Ord. 2075 § 2, 2010)
Should a tobacco retailer's license be revoked, the proprietor
is presumptively disqualified to apply for a new license in accordance
with this chapter. This presumption may be overcome upon a showing
of good cause as to why a license should be issued following a revocation.
Any such showing must be made to the chief's satisfaction or, if the
chief denies a license, to the city manager as prescribed by this
chapter.
(Ord. 2075 § 2, 2010)
