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<br />06/22/2009 <br /> <br />(5) The decision of the San Mateo County Licensing Board shall be a <br />final administrative order, with no further administrative right of <br />appeal. <br /> <br />Sec. 15.27. Administrative fine: <br /> <br />(a) Grounds for Fine. A fine may be imposed upon findings made by the <br />Director that any retailer, individual, or entity who is an owner of a retail <br />establishment: <br /> <br />(1) does not have a valid tobacco retailer's permit; and <br /> <br />(2) offers for sale any tobacco, cigarette, or cigarette papers, or any <br />other preparation of tobacco, or any other instrument or <br />paraphernalia that is designed for the smoking or ingestion of <br />tobacco or products prepared from tobacco. <br /> <br />(b) Amount of Fine. Upon findings made under subsection (a), the retailer, <br />individual, or entity who is an owner of a retail establishment shall be <br />subject to an administrative fine as follows: <br /> <br />(1) A fine not exceeding one hundred dollars ($100) for a first violation. <br /> <br />(2) A fine not exceeding two hundred dollars ($200) for a second <br />violation. <br /> <br />(3) A fine not exceeding five hundred dollars ($500) for the third and <br />subsequent violations. <br /> <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 these tobacco products are actually sold and <br />or displayed in the retail establishment. <br /> <br />(c) Fine Procedures. Notice of the fine shall be served on the retailer, <br />individual, or entity who is owner of the establishment by certified mail. <br />The notice shall contain an advisement of the right to request a hearing <br />before the Director contesting the imposition of the fine. Said hearing must <br />be requested within ten days of the date appearing on the notice of the <br />fine. The decision of the Director shall be a final administrative order, with <br />no administrative right of appeal. <br /> <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 the notice of determination of the <br /> <br />ATTY/ORD/ORD.319 <br />041409 <br /> <br />4 <br /> <br /># 2343 <br />Formerly Muff #305 <br />