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05/07l2012 <br /> the Environmental Health Division, or his or her designee, that any food vendor <br /> has used polystyrene-based disposable foad service ware in violation of this <br /> Chapter. <br /> (b) Amount of Fine. Upon findings made under subsection (a), the food vendor shall <br /> be subject to an administrative fine as follows: <br /> {1) A fine not exceeding one hundred dollars ($100} for a first vio(ation; <br /> (2) A fine not exceeding two hundred dollars ($200} for a secflnd violation; <br /> (3} A fine nat exceeding five hundred dollars ($500) for the third and subsequent <br /> violations; <br /> (4} Each day that a food vendor uses polystyrene-based disposable food service <br /> ware when provid'mg prepared food shal( constitute a separate violation. <br /> (c) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice <br /> shall contain an advisement of the right to request a hearing before the Director of <br /> #he Environmental Health Division or his or her designee contesting the imposition <br /> of the fine. The grounds for the contest shall be either that (1 } the food vendor did <br /> not use polystyrene-based disposable faod service ware when providing prepared <br /> faod or (2} the food vendor woufd have been granted an exemptiQn under <br /> 4.107.050 ifi the food vendor had applied for such exemption. Said hearing must be <br /> requested within ten days of the date appearing on the notice of fhe fine. The <br /> decision of the Director of the Environmental Heaith Division shall be based upon <br /> a finding tha# one of the abaue listed grounds far a contest have been met and <br /> shall be a final administrative order, with no administrative right of appeal. <br /> (d) Failure to Pay Fine. If said fine is not paid within 30 days from the da#e appearing <br /> on the notice of the fine or of the notice of det�rmination of the Director of the <br /> � �> �� r.� � � � <br /> _. �a ,' � <br /> RESO. # 15187 <br /> MUFF # 305 <br />