§ 8.44.310  ENFORCEMENT.
   (A)   This article shall not be enforced by the town until January 1, 2019.
   (B)   Tobacco products, tobacco paraphernalia, electronic smoking devices or electronic smoking device paraphernalia offered for sale or exchange in violation of this article are subject to seizure by the department or any peace officer and shall be forfeited after the licensee and any other owner of such items seized is given reasonable notice and an opportunity to demonstrate that the items were not offered for sale or exchange in violation of this article. The decision by the department may be appealed pursuant to the procedures set forth in § 8.44.290(B). Forfeited items shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to Cal. Code of Civil Procedure § 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
   (C)   For the purposes of the civil remedies provided in this article, each of the following constitutes a separate violation:
      (1)   Each day on which a tobacco product, tobacco paraphernalia, electronic smoking device or electronic smoking device paraphernalia is offered for sale in violation of this article; or
      (2)   Each individual retail tobacco product, retail item of tobacco paraphernalia, retail electronic smoking device or retail item of electronic smoking device paraphernalia that is distributed, sold, or offered for sale in violation of this article.
(Ord. 814, passed 12-6-2017)