§ 20-562 Violations.
AC § 20-562
a. In addition to the civil penalties authorized by section 17-710 for a violation of subdivision b of section 17-704.1 or of subdivision a-1 of section 17-706, an electronic cigarette retail dealer license shall be revoked for a second violation of subdivision b of section 17-704.1 or subdivision a-1 of section 17-706 involving the unlawful delivery or sale of electronic cigarettes occurring on different days at the same place of business within a three-year period. Any violation of subdivision b of section 17-704.1 or subdivision a-1 of section 17-706 involving the unlawful delivery or sale of electronic cigarettes by any license holder at a place of business shall be included in determining the number of violations by such license holder and by any subsequent license holder at the same place of business unless the subsequent license holder provides the commissioner with adequate documentation demonstrating that the subsequent license holder acquired the premises or business through an arm's length transaction and that the sale or lease was not conducted, in whole or in part, for the purpose of permitting the original licensee to avoid the effect of violations on the premises. An electronic cigarette retail dealer license shall be revoked at the same hearing at which an electronic cigarette retail dealer is found liable for a second violation or subsequent violations at the same place of business within a three-year period. b. For the purposes of this subdivision, the term "arm's length transaction" shall have the same definition as contained in subdivision d of section 20-202. (L.L. 2017/144, 8/28/2017, eff. 1/25/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/144.
