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ATTY/ORD.0002/CC ORD AMENDING MUNI CODE CH.15 (TOBACCO RETAIL PERMIT) <br />REV: 04-21-26 VR <br />Page 12 of 13 <br />2. An appeal must be received by the Director before the effective date of <br />suspension or revocation provided by subsection C in order to be <br />considered. <br /> <br />3. The filing of a timely appeal will stay a suspension or revocation pending <br />a decision on the appeal by the San Mateo County Licensing Board. <br /> <br />4. The decision of the San Mateo County Licensing Board shall be a final <br />administrative order, with no further administrative right of appeal. <br /> <br />Sec. 15.23. ADMINISTRATIVE FINE: <br /> <br />A. Grounds for Fine: <br /> <br />A fine shall be imposed on a Tobacco Retailer upon findings made by the Director, <br />based on a preponderance of the evidence, that any Tobacco Retailer, or any <br />agent or employee of the Tobacco Retailer, has violated any of the requirements, <br />conditions, or prohibitions of this Article. A fine shall be imposed in the maximum <br />amounts set forth in subsection B of this Section upon findings made by the <br />Director that the Tobacco Retailer, or any agent or employee of the Tobacco <br />Retailer, has Sold any Tobacco Product to any Person(s) under the age of 21 years. <br />Any administrative fine shall be imposed solely against the Tobacco Retailer, not <br />the Tobacco Retailer's employees or agents. <br /> <br />B. Amount of Fine: <br /> <br />Upon written findings made by the Director under subsection A, the person or entity <br />holding the Tobacco Retailer Permit shall be subject to an administrative fine for <br />each such violation as follows: <br /> <br />1. A fine not exceeding five hundred dollars ($500.00) for a first violation <br />within a sixty (60) month period; and <br /> <br />2. A fine not exceeding one thousand dollars ($1,000.00) for each <br />subsequent violation within a sixty (60) month period. <br /> <br />C. Each day that Tobacco Products are Sold or offered for Sale without a Permit <br />or otherwise in violation of this Article shall constitute a separate violation. A <br />finding of "offered for Sale" in violation of this Article will be made if Tobacco <br />Products are either actually Sold and/or displayed in the retail establishment, <br />or if advertisements offering to Sell Tobacco Products are visible to customers. <br /> <br />D. Fine Procedures: <br /> <br />Notice of the fine shall be served on the Tobacco Retailer by certified mail. The <br />notice shall contain a description of the facts upon which the asserted violation is