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(b) Duration of Suspension; Revocation. <br /> <br /> (1) For a first offense, the Health Officer may suspend a permit for a <br />period not to exceed thirty (30) days; provided, that, prior to imposing the suspension, <br />the Health Officer shall by letter advise the permit'tee that if the permittee trains all <br />sales employees at the location of the sale in the laws prohibiting sale of tobacco <br />products to minors, including techniques to ensure future compliance with said laws, <br />the suspension shall be held in abeyance. As a condition to abating the suspension, <br />the permittee shall file with the Health Officer, within 30 days of the issuance of the <br />letter advising the permittee of said condition, an affidavit signed by the permittee and <br />the sales employees that said training has been completed. If the permittee fails <br />timely to submit the affidavit, the suspension shall become effective. <br /> <br /> (2) For a second offense within twelve months of the first offense, the <br /> Health Officer may suspend the permit for a period not to exceed ninety (90) days. <br /> <br /> (3) For a third offense within twelve months of the previous offense, the <br /> Health Officer may suspend the permit for a period not to exceed one (1) year. <br /> <br /> (4) For a fourth and any additional offense within twelve months of the <br /> previous offense, the health officer may revoke the permit. <br /> <br /> (c) Appeals. The decision of the Health Officer may be appealed to the City <br /> Council within ten (10) days of the Health Officer's decision by filing a written notice of <br /> appeal with the City Clerk. Upon filing of such appeal, the City Clerk shall set a time <br /> and date for hearing the appeal and shall notify the appellant thereof. The hearing <br /> shall be set within thirty (30) days after the notice of appeal is filed. At the hearing the <br /> appellant and any other interested persons may present evidence in support of, or in <br /> opposition to, the appeal. At the conclusion of the hearing, the City Council shall <br /> either grant or deny the appeal. The decision of the City Council shall be final." <br /> <br /> Section 5. Article IV is hereby added to Chapter 15 of the Code of the City of <br /> Redwood City to read as follows: <br /> <br /> "Article IV <br /> Penalties. <br /> <br /> Section 15.30. Infractions. Violation of any of the provisions of this Chapter made <br /> unlawful shall be deemed an infraction which, upon conviction thereof, shall be <br /> punishable as specified in Section 1.7B of this Code." <br /> <br />Ord-040 5 <br />f/sh/sh/RC/Council <br />DES:rr;rg ? 'i 5 2 <br />08/19/98; 09122198R:Og128198R <br /> <br /> <br />