5.56.120 Violations – Penalties.
A. It shall be unlawful for any Person to violate any provision, or to fail to comply with the requirements, of this chapter or any regulation adopted hereunder. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter or any regulation adopted hereunder shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.
B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
C. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public nuisance and may be abated by the City, or by the City Attorney on behalf of the people of the state of California, as a nuisance by means of a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the state of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500 for each and every offense.
D. Tobacco Retailing without a Valid Permit – Ineligibility for Permit. In addition to any other penalty authorized by law, if the Chief of Police finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s permit, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s permit as follows:
1. After a first violation of this section at a location within any 60-month period, no new permit 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 30 days have passed from the date of the violation.
2. After a second violation of this section at a location within any 60-month period, no new permit 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 90 days have passed from the date of the violation.
3. After of a third or subsequent violation of this section at a location within any 60-month period, no new permit 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 years have passed from the date of the violation.
E. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a Person under the age of 18 years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
F. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for a violation of this Code. (Ord. 3417 § 1, 2018).