A. The City Manager, or designee, shall have primary responsibility for enforcement of this chapter. The City Manager is authorized to make all necessary and reasonable rules and regulations with respect to the enforcement of this chapter. All such rules and regulations shall be consistent with the provisions of this chapter.
B. The City Manager, and/or City Attorney, may determine in their discretion to send a notice to cure to a retailer prior to invoking the enforcement provisions of this section if there have not been prior complaints against the retailer for violation of this chapter.
C. Anyone violating or failing to comply with any provision of this chapter shall be guilty of an infraction or misdemeanor as determined by the City Attorney under Chapter 1.04 SMC. The City Attorney may seek legal, injunctive, administrative or other equitable relief to enforce this chapter. The remedies and penalties provided in this section are cumulative and not exclusive and nothing in this section shall preclude the City from pursuing any other remedies provided by law. In addition to any relief available to the City, the City shall be entitled to recover reasonable attorneys’ fees and costs incurred in the enforcement of this chapter.
D. Penalties for violations of any provision of this chapter shall be as follows; provided, however, that no administrative citation may be issued or infraction charged for violation of a requirement of this chapter until one year after the effective date of the ordinance codified in this chapter:
1. A fine not exceeding $100.00 for the first violation;
2. A fine not exceeding $200.00 for a second violation of the same code provision within one year; and
3. A fine not exceeding $500.00 for each additional violation in excess of two of the same code provision within one year;
4. If continued willful violations occur, the City reserves the right to suspend vendor’s use permit.
E. The remedies and penalties provided in this section are cumulative and not exclusive. (Ord. 1135 § 2, 2022)