§ 4-9. Penalties, remedial.

Civil penalties serve a remedial purpose in addition to deterrence, when they are used to finance the elimination and prevention of the sale of beer to minors through education, training, and enhanced public awareness. Such penalties are designed to induce employees of beer permit holders to contribute towards achieving the goals of the county, to wit, a reduction in the frequency and severity of beer sales to minors. Research indicates that the threat of civil penalties serves as a "pocket-book deterrence" against violations of county ordinances.

In addition to any criminal penalty that may be assessed against an employee of a beer-permit holder who is found by court of competent jurisdiction of having have violated this ordinance by selling beer to minors, regardless of whether or not said individual is adjudicated guilty or referred to a diversionary program, the county commission has the discretion to assess a civil penalty. Such penalty, if assessed, shall be in an amount not less than $100.00 and not more than $500.00 against such violator, based upon the facts and circumstances surrounding the sale in question. Monies collected from such violators will be used to educate beer permit holders in the elimination and prevention of the sale of beer to minors through education, training, and enhanced public awareness. As an alternative to a civil penalty, the commission may offer the violator the opportunity to attend a remedial beer server class offered by county government.

(Ord. No. O-09-3-107, § 1, 4-27-09)