TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-2100. CIGARETTE VENDING MACHINES
§9-2103. Penalties and Enforcement.
(a) The penalty for violation of this Chapter shall be a
fine not exceeding three hundred (300) dollars, together with imprisonment not
exceeding ninety (90) days, if the fine and any costs are not paid within ten
(10) days.
(b) Whenever any officer with authority to enforce
ordinances, including for purposes of this Section any Department of Public
Health or Department of Licenses and Inspections inspector, becomes aware of a
violation of this Chapter, such officer shall hand or deliver to the violator a
printed notice of violation. If the violator is a retail outlet or other
business establishment, the officer shall hand or deliver the notice to the
manager of the outlet or establishment or an on-site supervisor. Such notice
shall bear the date, time and nature of the violation, when known; the identity
and address of the violator; the amount to be remitted in response to the
notice; and the penalty which can be imposed by the court for the violation; and
shall be signed by the person issuing the notice and shall bear the badge number
or other official identification number of the officer issuing the
notice.
(c) Any person who received a notice of violation may, within
ten (10) days, pay one hundred ($100.00) dollars, admit the violation, and waive
appearance before a Municipal Court Judge. The notice of violation shall contain
an appropriate statement for signature by the violator for the purpose of
admitting the violation and waiving a hearing, and shall be returned by the
violator when the stipulated payment is remitted.
(d) If a person who
receives a notice of violation fails to make the prescribed payment within ten
(10) days of the issuance of the notice of violation, a code enforcement
complaint shall be issued for such violation in such manner as provided by law.
Such a complaint may be issued irrespective of whether a notice of violation was
previously issued for such violation.
(e) Upon a finding of a third
cigarette-sales violation committed at a single location or within a single
business establishment, any and all cigarette vending machines located at such
location or within such establishment shall be removed by the owner of such
machine, and no person shall install or maintain any cigarette vending machine
at such location or in such establishment. For purposes of this subsection, a
cigarette-sales violation shall be any violation of this Section; or any
violation of Section 9-622, relating to cigarettes and tobacco products. The
Department of Licenses and Inspections may remove any machine maintained in
violation of this Section and may bill the owner of the establishment where such
machine is located or the owner of the machine for the cost of
removal.