Ord98 2152 - Laserfiche WebLink

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"Article II Enforcement of Statewide Smoking Prohibitions. Section 15.10. Authority. The provisions of Labor Code Section 6404.5, governing smoking in enclosed places of employment, shall be enforced by the Police Department; provided that the Director of Health Services, San Mateo County Health Services Agency, acting through the Division of Public Health (the "Health Officer"), or his or her designated employees is hereby, delegated the authority to enforce Labor Code Section 6404.5 within the City; provided, further, that said authority of the Health Officer shall only be for the purpose of issuing notices to appear (citations) to employers, and not to patrons, customers, consumers or other guests in places of employment. Section 15.11. Powers. In the performance of their duties of monitoring and enforcing compliance with the provisions of Labor Code Section 6404.5 in the City, all persons so authorized by the Health Officer shall have the power, authority and immunity of a public officer to issue citations. Section 15.12. Training. The Health Officer, in coordination with the Sheriff of the County of San Mateo, shall establish and cause to be administered an enforcement training program on exercising citation authority for each employee of the Division of Public Health, San Mateo County Health Services Agency, who is delegated enforcement duties under this Article. Such training shall include guidance and instruction regarding the evidentiary pro-requisites for proper prosecution of violations thereof, and the appropriate procedures for issuing citations." Section 4. Article Ill is hereby added to Chapter 15 of the Code of the City of Redwood City to read as follows: "Article II1. Tobacco Retail Permit. Section 15.20. Responsibility. The Director of Health Services of San Mateo County shall be responsible for the enforcement of the provisions of this Article. Said Director and his or her designated representatives, collectively, shall be referred to hereinafter as the "Health Officer." Section 15.21. Permit Required. It shall be unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products without first obtaining and maintaining a valid tobacco retail permit from the City for each location where such sales aro conducted. Such permits shall have a term of five (5) years, and shall be renewable, upon application, for successive five-year periods. The permits shall be issued by the Health Officer. Ord-040 3 f/shlshlRClCouncil DES:rr;rg 08/19~98; 09122198R:O9128198R ~ 15 £