It’s actually rather difficult to understate the natural evil and malfeasance involved in selling loose cigarettes to willing buyers on the street, I don’t care how many times he did so, or how many times he was caught.
A four liter flush is made no more evil by multiple flushes. One cigarette or 20, big deal. And again, I don’t really know how it would be possible to understate the evil in this activity as there is none.
So he’s a violator of a malum prohibitum regulation; ticket him and move on.
It would be difficult to postulate a more pernicious waste of police powers than trying to effectuate a physical takedown of someone whose underlying “crime” is this trivial.