A. Prior to imposing penalties or taking other enforcement action set forth below in subsection B of this section, the city shall attempt to provide written notice to any retail establishment in violation of this chapter. The notice shall include a description of the item sold or provided by the retail establishment in violation of the requirements of this chapter, the text of the specific code provision(s) that apply and information on how to comply with the provision(s). The notice shall be provided to the retail establishment by personal service or certified mail, return receipt requested. Such notice is not a formal enforcement action, is not subject to appeal, and is a public record.

B. An owner or operator of a retail establishment that violates any provision of this chapter shall be guilty of a civil infraction, which shall be punishable by a fine not to exceed $250.00 per day for the first 20 days that the violation exists and $500.00 per day for each day thereafter. Each day that an establishment violates any of the provisions of this chapter shall constitute a single, separate violation. [Ord. 2021-05-023 § 7].