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(a) Upon a decision by the Director that the Permittee or the Permittee’s agent or employee has engaged in any conduct that violates Health Code Section 19Q.3 (Sale or Distribution of Flavored Tobacco Products Prohibited), the Director may suspend a Tobacco Sales permit as set forth in Section 19H.19.
(c) The Director shall commence enforcement under this Section 19H.14-2 by serving either a notice of correction under Section 19H.21 or a notice of initial determination under Section 19H.22 of this Article 19H.
(Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018)
Editor’s Note:
This Section was added by Ord. 140-17, approved July 7, 2017, then suspended by the filing of a referendum petition. As part of Proposition E, it was adopted by the voters at the June 5, 2018 election, and became effective 30 days after the election results were declared.
This Section was added by Ord. 140-17, approved July 7, 2017, then suspended by the filing of a referendum petition. As part of Proposition E, it was adopted by the voters at the June 5, 2018 election, and became effective 30 days after the election results were declared.
(a) Upon a decision by the Director that the Permittee or the Permittee’s agent or employee has engaged in any conduct that violates Health Code Section 19R.2 (Sale or Distribution of Electronic Cigarettes Lacking Food and Drug Administration Premarket Order of Approval Prohibited), the Director may suspend a Tobacco Sales permit as set forth in Section 19H.19.
(Added by Ord. 122-19, File No. 190312, App. 6/28/2019, Eff. 7/29/2019, Oper. 1/29/2020)
(a) Upon a decision by the Director that the Permittee or the Permittee's agent or employee has engaged in any conduct that violates California Labor Code section 6404.5 (prohibiting smoking in enclosed places of employment), the Director may suspend a Tobacco Sales permit as set forth in Section 19H.19.
(b) The Director shall commence enforcement of this section by serving a notice of initial determination in accordance with Section 19H.22 of this Article.
(a) Upon a decision by the Director that the Permittee or the Permittee’s agent or employee has obtained a Tobacco Sales permit from the Department by fraudulent or willful misrepresenta tion, the Director may suspend a Tobacco Sales permit as set forth in Section 19H.19.
(b) Upon a final decision by the Director that the Permittee or the Permittee's agent or employee has obtained a Tobacco Sales permit from the Department by fraudulent or willful misrepresentation, the Director may impose administrative penalties as set forth in Section 19H.20.
(c) Upon a final decision by the Director that the Permittee or the Permittee's agent or employee has obtained a Tobacco Sales permit from the Department by fraudulent or willful misrepresentation, the Director may revoke a Tobacco Sales permit.
(d) Upon a final decision by the Director that the Permittee or the Permittee's agent or employee has obtained a Tobacco Sales permit from the Department by fraudulent or willful misrepresentation, the Director may impose administrative penalties in addition to either suspending or revoking the Tobacco Sales permit.
(e) The Director shall commence enforcement of this section by serving a notice of initial determination in accordance with Section 19H.22 of this Article.
(f) Any person who obtained a permit by fraud or misrepresentation may be prosecuted for either an infraction or a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year.
(a) Upon a final decision by the Director that any person has engaged in the sale of tobacco at any Establishment without a permit, the Director may impose administrative penalties as set forth in Section 19H.20. Persons with a permit application pending under Section 1009.531 may sell tobacco without violating Section 1009.641 until and unless their permit application is rejected by the Director.
(b) The Director shall commence enforcement of this section by serving a notice of initial determination in accordance with Section 19H.22 of this Article. This Notice of Initial Determination may require that all tobacco sales cease and may impose an administrative penalty.
(c) The City Attorney may maintain an action for injunction to restrain any person from selling tobacco without a valid tobacco sales permit. In any such action, the City Attorney may seek civil penalties and may seek a judicial determination that a person must pay any administrative penalties. The person against whom an injunction issues also shall be liable for the costs and attorney's fees incurred by the City and County of San Francisco in bringing a civil action to enforce the provisions of this section.
(d) Any person who engages in tobacco sales without the required permit may be prosecuted for either an infraction or a misdemeanor punishable by a fine not to exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a third and for each subsequent violation within one year.
(Added as Sec. 1009.64 by Ord. 254-03, File No. 030869, App. 11/7/2003; redesignated and amended by Ord. 259-14
, File No. 141098, App. 12/19/2014, Eff. 1/18/2015)
CODIFICATION NOTE
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