55-98 Chpt 1727 Tobacco Sales to Minors

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Co) A licensee, or any agent, employee, or representative of said licensee, convicted of violating section 521.14 of the Lakewood Codified Ordinances shall have his or her license subject to suspension pursuant to section 1727.11. 1727.08 OUT-OF-PACKAGE SALES PROHIBITED. It is unlawful to sell cigarettes out of the manufacturer's package with required health warnings. It is unlawful to sell cigarettes in packages of fewer than twenty (20) cigarettes per package. 1727.09 TOBACCO SAMPLES PROHIBITED. No licensee shall knowingly distribute or furnish without charge or at nominal charge, or cause to be furnished or distributed without charge or at nominal charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public, except in retail tobacco stores. 1727.10 VENDOR ASSISTED SALES. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self-service displays or any other means other than vendor-assisted sales. 1727.11 SUSPENSION OF LICENSE. (a) A licensee, or any agent, employee, or representative of said licensee, convicted of violating section 521.14 of the Lakewood Codified Ordinances shall have said license subject to suspension after notice and an opportunity to be heard as follows: (1) In the case of a first violation, the licensee shall be fined two hundred dollar~ ($200) and shall be notified in writing of penalties levied for further violations. (2) tn the case of a second violation in a two-year period, the licensee shall be fined five hundred dollars ($500) and the license shall be suspended for not less than thirty (30) consecutive business days or more than three (3) months. Tobacco retailers must remove all tobacco merchandise from all area accessible to the public while the license is suspended. (3) In the case of three or more violations within a two-year period, the licensee shall be fined one thousand dollars ($1,000) and the hcense shall be suspended not less than six (6) months or more than eighteen (18) months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended. (b) The Health Commissioner or his designee shall initiate the enforcement of section 1727.11(a) against license holders, and shall conduct hearings upon the license holder's request. A licensee must request a hearing with the Health Commissioner within ten (10) days of the notice of the action taken under section (a). Rulings made by the Health Commissioner or his designee regarding the suspension of a license, after an adequate hearing, shall be final. 1727.12 PENALTY A violation of any section of this chapter subject the licensee, or anyone required to be a licensee, to a fine of $500 per day for each violation. The. Health Commissioner or his designee shall have the authority to enforce this chapter. 1727.13 NONRETALIATION. No person or employer, shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer reported violations of any provisions of this chapter.