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6.4A <br /> Page 4 <br /> Sec, 'I 5.27. Administra#ive f ne: <br /> (a) Grounds for Fine. A fine may be imposed upon findings made by #he <br /> Director that any retailer, individual, or entity who is an owner of a retail <br /> es#ablishment: <br /> {1) does not have a valid #obacco retaile�'s permit; and <br /> {2} offers for sale any tobacco, cigarette, or cigarette papers, or any <br /> other preparation of tobacco, or any ot�er instrument or <br /> paraphernalia that is designed for the smoking or ingestion of <br /> tobacco ar produc#s prepared from tobaeco. <br /> (b} Amount of Fine. Upon findings made under subsec#ion ta), the retailer, <br /> individual, or entity who is an owner of a retail establishment shall be <br /> subject fio an administrati�e fine as follows: <br /> �1) A fine not exceeding one hundred dallars {$100)for a first violatian. <br /> (2) A fine not exeeeding finro hundred dollars ($200) for a second <br /> violafiion. <br /> (3) A fine not ex�eeding fve hundred dollars �$500} for the third and <br /> subsequen#violations. <br /> (4} Each day that tobacco products are offered for sale with out a <br /> permit shall constitute a separate violation. A finding of "offering for <br /> sale" will be made if #hese tobacco products are actualiy sold and <br /> or displayed in the re#ai! establishment. <br /> �c) Fine Procedures. Notice of the frne shal! be served on #he retailer, <br /> individual, or entity who is owner of the establishmen# by certified mail. <br /> The notice shall contain an advisement of the right to request a hearing <br /> before the Direcfior con#esting the imposition of the fine. Said hearing must <br /> be requested within ten days of the date appearing on the notice of �he <br /> �ne. The decision of the Direc#or shall be a frnal administra#i�e order, with <br /> no adminisfirative right of appeal. <br /> (d} Failure to Pay Fine. If said fine is not paid within 30 days from the date <br /> appearing on the notice of the fine or of fihe notice of determination of the <br /> Direc#or after #he hearing, the fine shall be referred to a collection agency <br /> within or externaf to the County. In addition, any outstanding fines must be <br /> paid prior to the issuance o# any permit by the San Mateo County <br /> Environmentai Health Division of#he Department of Heaith. <br /> ATTYIORO/ORQ.319 <br /> Q414Q9 4 <br />