El Cerrito Municipal Code Art. 5 Penalties

A. Violations of this chapter are hereby declared to be public nuisances.

B. Violations of this chapter may be prosecuted as infractions or misdemeanors when the interests of justice so require.

C. Violations of this chapter are subject to a civil action brought by the city attorney, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

D. Any person who is found to have violated this chapter shall be liable for such costs, expenses and disbursements paid or incurred by the city or any of its contractors in the correction, abatement, prosecution of, or administrative hearing on, the violation. Reinspection fees to ascertain compliance with previously noticed violations shall be charged to the owner of the establishment, as may be set by the city council in the master fee schedule.

(Ord. No. 2015-08, § 3, 10-6-2015)

A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the city 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 license, 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 license as follows:

1. After a first violation of this section at a location within any five- year period, no new license 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 thirty days have passed from the date of the violation.

2. After a second violation of this section at a location within any five- year period, no new license 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 ninety 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 five-year period, the tobacco retailer license will be revoked and no new license 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 two years have passed from the date of the violation.

B. For the purposes of the civil remedies provided in this chapter:

1. Each day on which a tobacco product or smoking paraphernalia is offered for sale is a violation of this chapter; or

2. Each individual retail tobacco product and each individual retail item of smoking paraphernalia that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter.

(Ord. No. 2015-08, § 3, 10-6-2015)

TITLE 6 FOOTNOTES

1. For the statutory provisions authorizing cities to license businesses in the exercise of the municipal police power and for purposes of regulation, see California Government Code Section 37101, and California Business and Professions Code Sections 16000 through 16003.

2. For the statutory provisions authorizing local authorities to license and regulate the operation of any vehicle for hire and drivers of passenger vehicles for hire, see California Vehicle Code Sections 16501 and 21100; for provisions regarding financial responsibility, see California Vehicle Code Sections 16500 et seq.

3. For the statutory provisions authorizing local authorities to regulate the operation of tow car services, see California Vehicle Code Section 21100.

4. For the statutory provisions authorizing local authorities to allow and regulate bingo games, see the California Constitution, Section 19(c) of Article IV; and the California Penal Code, Section 326.5.

5. For the statutory provisions concerning licenses to sell firearms, see California Penal Code Sections 12070 et seq.