Sec. 463.401. - Prohibitions and penalties.

(a) Any person, other than a child, who violates a provision of this Chapter shall be guilty of any offense against the City and shall be guilty of a violation punishable by a fine in an amount from $100 to $500 and community service of at least eight hours and no more than 100 hours. (b) Any child who violates a provision of this Chapter shall be guilty of a noncriminal violation and shall be punished by a requirement that the child attend and successfully complete a tobacco education program created or approved by the Director and shall be punished with a fine in an amount from zero dollars to $250. (c) All sentences imposed pursuant to this Chapter shall be imposed consecutively. (d) Each sale or delivery of a tobacco product to a child shall constitute a separate violation. (e) As it relates to this Chapter, any act of any employee shall be imputed to the employer and be deemed an act of the employer if done within the scope of the employee's authority under the employer; provided, however, that no person who is certified by the State to be a Responsible Vendor under F.S. § 561.705 shall be responsible for sale or delivery by an employee unless the sale or delivery was made with the knowledge of the employer. For the purpose of this Chapter employee means a servant, agent or employee, paid or unpaid, of another person, and employer means the master, principal or employer of another person, paid or unpaid. (f) All convictions for violation of Section 463.201 shall be reported to the State Division of Alcoholic Beverages and Tobacco. (g) The fine for any person convicted of a second or subsequent offense shall be at least $25 and no less than twice that imposed for the most recent prior offense up to the maximum allowed. (Ord. 90-772-574, § 1)