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(Amended by Ord. No. 183,819, Eff. 9/30/15.)
(a) Any Tobacco Retailer determined by the City Attorney or designee to have violated any provision of this article shall be subject to the penalties of this section. The City Attorney or designee shall notify the Tobacco Retailer of any initial determination of violation of this article, and shall specify the violation and the penalty imposed, including the effective date of the suspension, if any. The notice shall further state that the Tobacco Retailer may, within 15 calendar days of the date of the notice, submit to the City Attorney any written or documentary evidence to contest the initial determination of violation. After receiving and considering the evidence provided, the City Attorney or designee shall prepare a final written decision with findings, and shall serve the final determination upon the Tobacco Retailer. Upon written request, the Tobacco Retailer shall have the right to receive copies of any records upon which the final determination is based. The final determination shall be served within 30 calendar days of the initial determination. (Amended by Ord. No. 187,525, Eff. 7/16/22.)
(b) Administrative penalties shall be imposed as follows:
(1) For the first violation in any five-year period, the Tobacco Retailer’s Permit shall be suspended for 30 calendar days;
(2) For the second violation in any five-year period, the Tobacco Retailer’s Permit shall be suspended for 90 calendar days;
(3) For a third violation in any five-year period, the Tobacco Retailer’s Permit shall be suspended for 120 calendar days;
(4) For a fourth violation in any five-year period, the Tobacco Retailer’s Permit shall be revoked. The Office of Finance shall not issue a Tobacco Retailer’s Permit to a location at which a Tobacco Retailer’s Permit has been revoked unless a period of three years has passed since the date of the issuance of the revocation, and the tobacco retailer attends and completes a tobacco retailer education program provided by the City Attorney.
(c) For the duration of any Tobacco Retailer’s Permit suspension, the tobacco retailer shall clearly and conspicuously post a Notice of Suspension sign provided by the City Attorney at each customer entrance. Failure to post the Notice of Suspension sign during a suspension period shall be punishable as an infraction.
(d) Notwithstanding any other provision of this article, prior violations, permit suspension periods and permit revocation shall continue to apply to a location unless the business engaged in tobacco retailing at that location has been fully transferred to a new proprietor with no financial relationship to the former proprietor, and the new proprietor provides the City Attorney with clear and convincing evidence that the new proprietor has acquired or is acquiring the business in an arm’s-length transaction.
(1) The City Attorney’s determination of an arm’s-length transaction shall be provided to the Office of Finance in written form and waive the requirements for reinstatement of a revoked permit listed in Subsection (b)(4) of this section.
(Amended by Ord. No. 182,823, Eff. 1/22/14.)
(a) The tobacco retailer shall have the right to an administrative review of the final determination of the City Attorney. The administrative review shall be conducted by the Police Permit Review Panel as authorized by Section 102.13.01 of the Los Angeles Municipal Code. To obtain an administrative review of the City Attorney’s final determination, the tobacco retailer must notify the City Attorney, in writing, within 15 calendar days of its receipt of the City Attorney’s final determination. The timely filing of a request for an administrative review shall hold in abeyance any permit suspension until the administrative review is heard and decided.
(b) Notice of Review. If a review is requested pursuant to Section 46.100(a) the City Attorney shall provide written notice, within 45 calendar days of its receipt of the request, to the tobacco retailer of the date, time, and place of the review.
(c) Review Procedure. The administrative review hearing shall be recorded by a certified court reporter. During the hearing, no evidence or testimony shall be presented to the Police Permit Review Panel. The purpose of the Panel’s review is to ascertain whether the final determination of the City Attorney was supported by the administrative record. A decision shall be rendered by the Police Permit Review Panel at the conclusion of the hearing. Notice of the decision shall be mailed to the tobacco retailer who requested the review.
(d) Finality of The Police Permit Review Panel’s Decision. The decision of the Police Permit Review Panel shall be the final decision of the City.
(Amended by Ord. No. 182,823, Eff. 1/22/14.)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance or the rules adopted hereby. The City Council of the City of Los Angeles hereby declares that it would have adopted independently each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section
47.00 Posting of Telephone Number of the Fire Department Emergency Ambulance Service in Eating Establishments.
47.02 Marathons – Endurance Contests and Exhibitions.
47.04 Sale of Used or Secondhand Hats.
47.05 New Locks in Apartments – Installation Required.
47.06 Tenant Relocation Assistance Where Apartments Are to Be Converted.
47.07 Tenant Relocation Assistance Where Apartments Are to Be Demolished.
47.08 Tenant Relocation Assistance Where Mobilehome Parks Are Changed to a Different Use.
47.09 Mobilehome Park Closure Impact Report.
47.10 Landlords – Nonpayment of Utility Bills.
47.11 Display of Aerosol Spray Paint Containers and Marker Pens.
47.12 Excessive Price Increases and Excess Accumulation of Supplies for Resale at Inflated Prices During a Declared Emergency.
47.13 Insertion of Writings into Containers.
47.14 Self-Service Display of Tobacco Products.
47.15 Spectators Prohibited at Speed Contests and Exhibitions of Speed.
47.16 Display and Sale of Glass Etching Products.
47.17 Sale of Motor-driven Cycles and Motorized Bicycles.
47.50 Narcotics, Violent Crime, Unlawful Weapon or Ammunition Crime, and Gang-Related Crime Eviction Program.
(Added by No. 148,123, Eff. 4/11/76.)
Every person conducting, operating or managing any restaurant, cafeteria, coffee shop, food stand or other eating establishment where food is sold to be consumed on the premises thereof shall display near each telephone located upon said premises the local telephone number to summon the Fire Department Emergency Ambulance Service for the area involved. Said telephone number shall be set forth as follows:
“EMERGENCY CALLS
AMBULANCE (telephone number)”
No person shall conduct carry on or participate in any marathon dance contest or exhibition or any walkathon or walking contest or exhibition, or any tree sitting, pole sitting, or platform endurance contest or exhibition, or any contest or exhibition in which any human being is buried or concealed underground, or any other endurance contest or exhibition of a nature similar to any contest or exhibition enumerated herein.
See CRA 1303.
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