§ 5.138.160 — Enforcement

5.138.160 Enforcement.

A. In addition to any other remedy, any person violating any provision of this chapter shall be guilty of a misdemeanor for each day such violation continues. B. Any violation of this chapter may be remedied by a civil action brought by the city attorney. The city may recover reasonable attorneys' fees and costs of suit in any civil action brought by the city attorney to remedy any violation of this chapter. C. Any person violating the provisions of this chapter shall also be liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues. D. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city. E. Compliance with this chapter may be monitored by the city manager and any law enforcement officer, including but not limited to youth decoy operations. Compliance checks may be unannounced. 1. Inspections may be conducted during the normal business hours of the place to be entered. 2. Inspections may be at any place at which tobacco products are sold, produced, or stored or at any site where evidence of activities involving violations of this code or evasion of tobacco products tax and violations of Revenue and Taxation Code section 30165.1 may be discovered. 3. Inspections may be at any place where evidence of a violation of Health and Safety Code sections 104559.1 or 104599.5 may be discovered. 4. Any person that refuses to allow an inspection shall be subject to the penalties imposed pursuant to section 5.138.110. F. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed pursuant to chapter 1.28 against any person violating any provision of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to chapter 1.28. G. In addition to any other penalty under this chapter, a person who has engaged in tobacco retailing without a valid license shall be ineligible to apply for or be issued a license as follows: 1. No new license may be issued for the person as a proprietor until 30 days have passed from the date of the violation; and 2. Each day a person engages in tobacco retailing without a valid tobacco retailer license shall constitute a separate violation. (Ord. 2026-0014 § 11; Ord. 2019-0012 § 10; Ord. 2004-013 § 1)