Ord09 2343 - Laserfiche WebLink

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06/22/2009 (1) Upon the first time that the Director makes the finding that either subsection (a)(1) or (a)(2) of this section has occurred, the permit to sell tobacco products shall be suspended for up to 30 days. (2) Upon the second time that the Director makes the finding set forth in subsection (a)(1) or (a)(2) of this section within twenty-four months of the first determination, the permit to sell tobacco products shall be suspended for no less than 30 days and up to 90 days. (3) Upon the third and each subsequent time that the Director makes the finding set forth in subsections (a)(1) and (a)(2) within twenty- four months of a prior determination, the permit to sell tobacco products shall be suspended for no less than 90 days and up to one year. (c) Effective Date of Suspension. (1) If the Director makes oral findings and issues an order of suspension at the hearing, the suspension will be effective 10 days from the date of the hearing, unless a timely appeal is filed in accordance with subsection (d). (2) If the Director makes written findings and issues an order of suspension by certified mail after the hearing, the suspension will be effective 15 days from the date appearing on the notice of that finding and order of suspension, unless a timely appeal is filed in accordance with subsection (d). (d) Appeal of Suspension. (1) The decision of the Director is appealable to the San Mateo County Licensing Board. (2) An appeal must be in writing, be addressed to the Director and be hand-delivered to the offices of the Environmental Health Division. (3) An appeal must be received by the Environmental Health Division before the effective date of suspension provided by subsections (c)(1) or (c)(2) in order to be considered. (4) The filing of a timely appeal will stay a suspension pending a decision on the appeal by the San Mateo County Licensing Board. ATTY/ORD/ORD.319 041409 3 # 2343 Formerly Muff #305