§ 4.98.160. Administrative fine.

(a)

Grounds for Fine. A fine may be imposed upon findings made by the Director of the Environmental Health Division or his or her designee, that any retailer, individual, or entity who is an owner of a retail establishment:

(1)

Does not have a valid tobacco retailer's permit; and

(2)

Offers for sale any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or products prepared from tobacco.

(b)

Amount of Fine. Upon findings made under subsection (a), the retailer, individual, or entity who is an owner of a retail establishment shall be subject to an administrative fine as follows:

(1)

A fine not exceeding one hundred dollars ($100) for a first violation;

(2)

A fine not exceeding two hundred dollars ($200) for a second violation;

(3)

A fine not exceeding five hundred dollars ($500) for the third and subsequent violations;

(4)

Each day that tobacco products are offered for sale without a permit shall constitute a separate violation. A finding of "offering for sale" will be made if these tobacco products are actually sold and/or displayed in the retail establishment.

(c)

Fine Procedures. Notice of the fine shall be served on the retailer, individual, or entity who is owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director of the Environmental Health Division shall be a final administrative order, with no administrative right of appeal.

(d)

Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the Director of the Environmental Health Division or his or her designee after the hearing, the fine shall be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any permit by the San Mateo County Environmental Health Division of the Department of Health and Department of Planning and Building.

(Ord. 4417, 04/08/08)