The Board of Supervisors finds that:
A.
State
law prohibits the sale or furnishing of cigarettes, tobacco products
and smoking paraphernalia to persons under the age of 21, as well
as the purchase, receipt or possession of tobacco products by persons
under the age of 21 except active duty military personnel who are
18 years of age or older (California Penal Code Section 308).
B.
State
law requires that tobacco retailers check the identification of tobacco
purchasers who reasonably appear to be under 21 years of age (California
Business and Professions Code Section 22956) and provides procedures
for using persons under 21 years of age to conduct onsite compliance
checks of tobacco retailers (California Business and Professions Code
Section 22952).
C.
State
law requires that tobacco retailers post a conspicuous notice at each
point of sale stating that selling tobacco products to anyone under
21 years of age is illegal (California Business and Professions Code
Section 22952, California Penal Code Section 308).
D.
State
law prohibits the sale or display of cigarettes through a self-service
display and prohibits public access to cigarettes without the assistance
of a clerk (California Business and Professions Code Section 22962).
E.
State
law prohibits the sale of "bidis" (a type of hand-rolled filterless
cigarette) except at those businesses that prohibit the presence of
persons under 18 years of age (California Penal Code Section 308.1).
F.
State
law prohibits the manufacture, distribution, or sale of cigarettes
in packages of less than 20 and prohibits the manufacture, distribution,
or sale of "roll-your-own" tobacco in packages containing less than
six-tenths of an ounce of tobacco (California Penal Code Section 308.3).
G.
State
law prohibits public school students from smoking or using tobacco
products while on campus, while attending school-sponsored activities,
or while under the supervision or control of school district employees
(California Education Code Section 48901(a)).
H.
In 2018,
the Sacramento County Department of Health Services Tobacco Education
Program found that ten and one-half (10.5) percent of tobacco retailers
sampled in unincorporated Sacramento County unlawfully sold tobacco
products to persons between the ages of 18 and 20. California Penal
Code Section 308 was amended in 2016 to increase the tobacco purchase
age from 18 to 21 in California.
I.
Nearly
90% of all smokers begin by age 18, and 99% start smoking by age 26.
The average age at which smokers try their first cigarette is fourteen
and one-half (14 1/2).
J.
Research
suggests that retailer compliance with all laws regulating the sale
of cigarettes must be at 90% to impact youth smoking rates.
K.
From
2013 to 2015, an estimated 15% of ninth and eleventh grade students
in California reported using electronic smoking devices.
L.
Over
9% of high school students in California reported buying their own
electronic cigarette from a store.
M.
In 2016,
an estimated 82% of tobacco retailers in California sold flavored
non-cigarette tobacco products, over 90% of tobacco retailers sold
menthol cigarettes, and 80% of tobacco retailers near schools sold
flavored non-cigarette tobacco products.
N.
Mentholated
and flavored products have been shown to be "starter" products for
youth who begin using tobacco and these products help establish tobacco
habits that can lead to long-term addiction.
O.
The
County of Sacramento has a substantial interest in promoting compliance
with federal, state, and local laws intended to regulate tobacco sales
and use; in discouraging the illegal purchase of tobacco products
by persons under 21 years of age; in promoting compliance with laws
prohibiting sales of cigarettes and tobacco products to persons under
21 years of age; and in protecting persons under 21 years of age from
being lured into illegal activity through the misconduct of adults.
P.
State
law authorizes local tobacco retailer licensing laws to provide for
the suspension or revocation of the local tobacco retailer license
for any violation of a state tobacco control law.
Q.
Additional
requirements for a tobacco retailer's business license will not unduly
burden legitimate business activities of retailers who sell or distribute
tobacco products or tobacco paraphernalia to persons age 21 years
of age or older. It will, however, allow the County to regulate the
operation of lawful businesses to discourage violations of federal,
state, and local tobacco-related laws.
(SCC 1273 § 1, 2004; SCC
1608 § 2, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
The purpose of this chapter is to encourage responsible tobacco
retailing and to discourage violations of tobacco-related laws, especially
those that prohibit or discourage the sale or distribution of tobacco
products or tobacco paraphernalia to persons under 21 years of age,
but not to expand or reduce the degree to which the acts regulated
by federal or state law are criminally proscribed or to alter the
criminal penalty provided for violations.
(SCC 1273 § 1, 2004; SCC
1608 § 2, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
As used in this chapter, the following words, and phrases shall
have the meaning given them in this section, unless the context clearly
requires otherwise:
means a sale in good faith and for valuable consideration
that reflects the fair market value in the open market between two
informed and willing parties, neither under any compulsion to participate
in the transaction. A sale between relatives, related companies or
partners, or a sale for the primary purpose of avoiding the effect
of the violations of this chapter that occurred at the location, is
presumed not to be an "arm's length transaction."
means a taste or aroma, other than the taste or aroma of
tobacco, imparted either prior to or during consumption of a tobacco
product or any byproduct produced by the tobacco product, including,
but not limited to, tastes or aromas relating to menthol, mint, wintergreen,
fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage,
herb, or spice.
means the County of Sacramento.
means the Director of the Department of Finance or the Director's
designee. \
means any tobacco product that imparts a characterizing flavor.
means engaging in tobacco retailing at other than a fixed
location.
means a business license issued by the County pursuant to
this title.
means any person holding a license issued by the County pursuant
to this title.
means the solicitation, advertisement, allowance, inducement,
or any other method or attempt to encourage any person to acquire,
possess, sell, purchase, or exchange said product. There is a rebuttable
presumption that a product is for sale if it is in a location that
contains other products which are offered for sale.
means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture or other individual or entity
carrying on an enterprise for which a license must first be procured,
and shall include any officer, employee, agent or other representative
by or through whom the enterprise is operated or conducted, and charitable,
philanthropic and other non-profit entities and enterprises as well
as those which are for profit.
means any product, instrument, or paraphernalia that is designed
for the smoking or ingestion of tobacco, tobacco products, or any
controlled substance.
shall be as defined in Business and Professions Code Section
22950.5.
means any person who sells, offers for sale, exchanges, or
offers to exchange for any form of consideration, tobacco, tobacco
products, or tobacco paraphernalia without regard to the quantity
sold, offered for sale, exchanged or offered for exchange.
shall mean selling, offering for sale, exchanging, or offering
to exchange for any form of consideration, tobacco, tobacco products,
or tobacco paraphernalia without regard to the quantity sold, offered
for sale, exchanged or offered for exchange.
(SCC 1273 § 1, 2004; SCC
1608 § 2, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
A.
It shall be unlawful for any person to act as a tobacco retailer unless under and by authority of a valid, unexpired, unsuspended, unrevoked Tobacco Retailer License issued pursuant to this chapter for each location at which tobacco retailing is to occur. No license will be issued to authorize tobacco retailing at other than a commercial fixed location, as defined in Sacramento County Code Section 4.02.030. No license will be issued for itinerant tobacco retailing, tobacco retailing from vehicles, a residence, or tobacco retailing via mail or internet.
B.
Nothing
in this chapter shall be construed to grant any person obtaining a
license any status or right other than the right to act as a tobacco
retailer at the location in the County identified on the face of the
license, subject to compliance with all other applicable laws, regulations
and ordinances. Nothing in this chapter shall be construed to render
inapplicable, supersede or apply in lieu of any other provision of
applicable law, including, without limitation, any condition or limitation
on indoor smoking made applicable to business establishments by Labor
Code Section 6404.5.
(SCC 1273 § 1, 2004; SCC
1608 § 2, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
All applications for a license shall be submitted to the Director
in the name of each person proposing to conduct tobacco retailing
and shall be signed by each person or an authorized agent thereof.
A person proposing to conduct tobacco retailing at more than one location
shall submit a separate application for each location. The application
shall be in a form prescribed by the Director, including, but not
limited to, the following information:
A.
The
name, address and telephone number of the owner of the enterprise.
B.
The
business name, address and telephone number of the fixed location
for which a license is sought.
C.
Such
other information as the Director deems necessary for the administration
or enforcement of this chapter.
(SCC 1273 § 1, 2004; SCC
1608 § 2, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
A.
Upon
the receipt of an application for a license and the applicable license
fee, the Director shall issue a license within 45 days unless the
Director finds in writing that any of the following apply, in which
case, the application may be denied:
1.
The
application is incomplete or inaccurate;
2.
The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter or Chapter 4.06; provided, however, the license may be issued once the suspension period has been served or the suspension or revocation proceedings have concluded, whichever occurs later;
3.
The
application seeks authorization for tobacco retailing that is unlawful
pursuant to this Code or that is unlawful pursuant to any other local,
state or federal law;
4.
The
Director has information that the applicant or his or her agents or
employees have violated any local, state or federal tobacco control
law at the location for which the license or renewal of the license
is sought within the preceding 180 day period; or
B.
A license shall be valid for one year and an application for renewal must be filed not later than 30 days prior to the expiration of the license, but no earlier than 60 days prior to the expiration of the license. Unless revoked on an earlier date, all licenses shall expire one year after the date of issuance. A license may be renewed for additional periods of one year by submitting an application to the Director and payment of the applicable license fee; provided, however, a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings shall not be renewed. The application and license fee shall be submitted at least 30 days, but not more than 60 days, prior to the expiration of the current valid license. The applicant shall follow all of the procedures and provide all of the information required by Section 4.07.050. The Director shall process the application according to the provisions of this section. Provided that an application is made within the time period required by this subdivision, a licensee may continue the sale of tobacco products pending a determination of the Director to renew or disapprove the renewal of the license.
(SCC 1273 § 1, 2004; SCC
1608 § 2, 2017; SCC 1687 § 1,
2022; SCC 1687 § 1, 2022; SCC 1717 § 1, 2023)
A denial of an initial application or renewal application for a Tobacco Retailer's License by the Director shall be in writing, with the findings stated therefor as required by Section 4.07.060 of this chapter. Written notice of the denial, together with a copy of the provisions of this chapter, shall be served upon the applicant or licensee and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.
In the event the applicant files an administrative appeal from the denial of the renewal application in the manner and within the time prescribed by Section 4.07.120, the immediately preceding Tobacco Retailer's License shall continue in full force and effect until the administrative appeal is final as determined by Section 4.07.130 or 4.07.135, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.
With respect to the denial of a new application for a Tobacco Retailer's License, the denial shall be effective 15 days following the date of service of the notice of denial on the applicant as required by this section but may be appealed pursuant to Section 4.07.120.
(SCC 1608 § 3, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
The Director may issue a Tobacco Retailer's License upon such
conditions relating to method or manner of operation of the enterprise
as deemed necessary to adequately protect members of the public in
their patronage or dealings with the enterprise, or to reduce the
incidence, detect the commission of, or identify perpetrators of crime.
Such conditions may be imposed at the time a Tobacco Retailer's License
is initially issued, upon renewal of the license, or at any time during
the term of the license.
Any condition imposed pursuant to the provisions of this section,
whether established at the time of issuance, at the time of renewal
or during the term of a Tobacco Retailer's License, shall be embodied,
together with the reasons therefor, in a written notice to be served
upon the applicant or holder. The condition shall become effective
15 days following the date of service of the notice thereof; provided
that in the event an appeal therefrom is filed within the time and
in the manner prescribed, the condition shall not become effective
until the appeal is finally determined.
(SCC 1273 § 1, 2004; SCC
1608 § 4, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
Each license shall be prominently displayed in a publicly visible
location at the licensed premises.
(SCC 1608 § 5, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
The fee for issuance or renewal of a license shall be established
by resolution of the Board of Supervisors and shall be in addition
to the County's General Business License fee imposed by this Code
upon the applicant. The license fee, together with any other license
fee, shall be paid to the County at the time the license application
is submitted. The amount of the fee shall be determined on the basis
of the costs of the Department of Environmental Management, the Sheriff,
and the Department of Health Services incurred in the enforcement
of tobacco retailing laws together with the costs, including the costs
of counsel, of the Director incurred in the administration of this
chapter.
(SCC 1273 § 1, 2004; SCC
1608 § 6, 2017; SCC 1618 § 33,
2018; SCC 1687 § 1, 2022)
A license is nontransferable. If a licensee changes business
location, that licensee must obtain a new license prior to acting
as a tobacco retailer at the new location. If a business licensed
to conduct tobacco retailing is sold, the new owner must obtain a
license for that location before acting as a tobacco retailer.
(SCC 1273 § 1, 2004; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
A.
It shall
be a violation of a license for a licensee or his or her agents or
employees to sell or offer for sale any flavored tobacco product.
There is a rebuttable presumption that a tobacco product is a flavored
tobacco product if a manufacturer or its agents or employees has made
a public statement or claim that the tobacco product has or produces
a characterizing flavor, including, but not limited to, text, color,
or images on the product's labeling or packaging that are used to
expressly or impliedly communicate that a tobacco product has a characterizing
flavor.
B.
It shall
be a violation of a license for a licensee or his or her agents or
employees to violate any local, state or federal tobacco-related law.
(SCC 1273 § 1, 2004; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
A.
In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section, if the Director finds, in writing, that the licensee or his or her agents or employees have violated this section by committing an act that would constitute a violation of any local, state or federal laws, rules or regulations regarding the sale of tobacco products or tobacco paraphernalia to persons under 21 years of age, or furnishing flavored tobacco products to any person. Additionally, if a licensee is found to be in violation of any other of the provisions of this chapter or Chapter 4.06 and, upon reinspection of the licensed premises is found, in writing, to be in continued violation, the license may be suspended or revoked; however, violations of this chapter or Chapter 4.06 by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location provided that the new licensee demonstrates to the satisfaction of the Director that the premises were acquired in an arm's length transaction.
1.
Upon
a finding by the Director of a first license violation involving the
sale to persons under 21 years of age of tobacco products or tobacco
paraphernalia, or furnishing flavored tobacco products to any person,
within any five-year period, the license shall be suspended for 30
days.
2.
Upon
a finding by the Director of a second license violation involving
the sale to persons under 21 years of age of tobacco products or tobacco
paraphernalia, or furnishing flavored tobacco products to any person,
within a five-year period, the license shall be suspended for 90 days.
3.
Upon
a finding by the Director of a third license violation involving the
sale to persons under 21 years of age of tobacco products or tobacco
paraphernalia, or furnishing flavored tobacco products to any person,
within a five-year period, the license shall be suspended for one
year.
4.
Upon
a finding by the Director of a fourth license violation involving
the sale to persons under 21 years of age of tobacco products or tobacco
paraphernalia, or furnishing flavored tobacco products to any person,
within a five-year period, the license shall be revoked.
5.
Except as provided in Section 4.07.110(C), for all other violations of this chapter, the Environmental Management Department may also issue a separate written warning to the licensee regarding the violation and require reinspection of the premises to determine that the violation has been cured. Costs of reinspection shall be charged to the licensee. If, after reinspection, the violation has not been cured, the Environmental Management Department shall recommend the Director proceed to suspend or revoke the license.
B.
Notwithstanding Section 4.07.110(A), a license shall be revoked if the Director finds that either one or both of the following conditions exist:
1.
One or more of the bases for denial of a license under Section 4.07.060 existed at the time application was made or at any time before the license was issued.
2.
The
information contained in the license application, including supplemental
information, if any, is found to be false in any material respect.
C.
A licensee for whom a license suspension is in effect must remove all tobacco products and tobacco paraphernalia from the sales floor at the address that appears on the suspended license. Violation of this subsection or engaging in tobacco retailing while the license suspension is in effect shall result in a further 30 day suspension of the license subject to Section 4.07.120.
D.
Completion
of a County-approved Tobacco Merchant Education program during the
suspension period may be required for a licensee whose license has
been ordered suspended.
(SCC 1273 § 1, 2004; SCC
1608 § 6, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
A.
Based on findings as required by Section 4.07.110, the Director shall issue written notice of suspension or revocation, stating the reasons therefor as indicated in such findings. The notice, together with a copy of the provisions of this chapter, shall be served by the Director, upon the holder of the license and upon the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090. Except as provided in subsection B herein, the suspension shall become effective 15 days after the date of service, unless the holder of the license files an administrative appeal within the time and in accordance with the provisions of Section 4.07.120. If such an administrative appeal is filed, the suspension or revocation shall not become final until the administrative appeal is final as determined in Section 4.07.130 or 4.07.135, as applicable, or upon settlement or dismissal of the administrative appeal, as applicable.
B.
Notwithstanding subsection A above, a Tobacco Retailer's License may be temporarily suspended pending expiration of the time for appeal or commencement of the appeal hearing pursuant to Section 4.07.125 for the suspension or revocation of the license if the County finds in writing that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by the exercise of the license. In the event the County orders a temporary suspension, the notice of suspension or revocation shall be delivered to the business address of the enterprise or the residential address of the licensee, served upon the licensee, and shall contain the following:
1.
The
finding justifying the temporary suspension;
2.
The
time, date, and place at which the licensee may appear in advance
of the commencement of the temporary suspension for the purpose of
responding to the charges in the notice; and
3.
The
time and date on which the temporary suspension commences, which shall
not be earlier than 24 hours following the time and date of delivery
of the notice.
|
The notice of suspension or revocation shall also be served on the owner of the property on which the enterprise is located, if applicable, pursuant to the provisions of Section 4.02.090.
|
C.
In the event of a temporary suspension as authorized herein, the suspension shall last in duration until commencement of an appeal hearing as described in Section 4.07.125 of this chapter. At the hearing, the Hearing Officer may, at the request of the license holder, address the appropriateness of continuing the temporary suspension. The Hearing Officer may lift the temporary suspension pending the conclusion of administrative proceedings or the issuance of the written decision, or the Hearing Officer may continue the temporary suspension pending the conclusion of the administrative proceedings or the issuance of the written decision.
D.
In no event shall a temporary suspension of a Tobacco Retailer's License ordered pursuant to this section be of a duration greater than 30 days, unless within that period, the County issues written findings and a notice of denial, suspension or revocation as required by Section 4.07.060 or 4.07.110, as applicable. Upon the issuance of written findings, the duration of the temporary suspension shall be extended until the commencement of administrative proceedings as described in subsection C of this section.
(SCC 1608 § 7, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
A.
The
holder of a Tobacco Retailer's License or applicant therefor may file
an administrative appeal from the following:
B.
Any such administrative appeal provided in subsection A of this section shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with and received by the Director not later than 15 days after the date of service by the Director of the notices prescribed by Section 4.07.065, 4.07.070, or 4.07.115, as applicable. If an administrative appeal is not filed within the time or in the manner prescribed above, the right to review of the action against which complaint is made shall be deemed to have been waived.
C.
In the event the applicant or licensee files an administrative appeal from the denial of a renewal application, suspension, or revocation, the immediately preceding Tobacco Retailer's License shall continue in full force and effect until the administrative appeal is final as determined by Section 4.07.130 or upon settlement or dismissal of the administrative appeal, as applicable, except when a temporary suspension of the license has been imposed, pursuant to Section 4.07.115(B).
(SCC 1608 § 8, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
Not later than 30 days following the date of filing an appeal within the time and in the manner prescribed by Section 4.07.120, the County shall schedule a hearing before the Hearing Authority for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the appellant not later than 10 days preceding the date of the hearing.
During the hearing, the burden of proof shall rest with the
County. The provisions of the California Administrative Procedure
Act (commencing at Section 11500 of the Government Code) shall not
be applicable to such hearings; nor shall formal rules of evidence
in civil or criminal judicial proceedings be so applicable. The Hearing
Authority shall have the power to issue subpoenas in order to require
the production of documents and persons, or both, at the hearing when
relevant to the issues on appeal at the request of the appellant or
the County, as applicable. At the conclusion of the hearing, the Hearing
Authority shall prepare a written decision, which either grants or
denies the appeal, and contains findings of fact and conclusions of
law. The written decision, including a copy thereof, shall be filed
with the Director not later than 15 days following the date on which
the hearing is closed. The Director shall within five days of the
filing of such decision serve the applicant or licensee with notice
of the written decision including a copy of such decision.
In a case of an appeal from the imposition of conditions authorized by Section 4.07.070, the County must demonstrate by substantial evidence the necessity of the conditions and, if the imposition of such conditions is upheld, the Hearing Authority shall provide in its decision findings regarding specific evidence within the record supporting the Hearing Authority's determination.
(SCC 1608 § 9, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
A.
The determination of an administrative appeal from the denial of an initial application for a Tobacco Retailer's License pursuant to Section 4.07.060, denial of a renewal application of a Tobacco Retailer's License, pursuant to Section 4.07.060; the imposition of conditions on the License pursuant to Section 4.07.070; the suspension of the License pursuant to Section 4.07.110; or the revocation of the License pursuant to Section 4.07.110, shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall also inform the applicant of the appeal rights as set forth in Section 4.07.140 below. This decision shall become final upon the date of service of the decision by the Director.
B.
Any
suspension ordered pursuant to this chapter shall be commenced within
30 calendar days. Any revocation ordered pursuant to this chapter
shall commence immediately upon service of notice of final decision.
Upon request by the holder of the license, the Director may, in his
or her sole discretion, grant an extension of time, not to exceed
an additional 60 calendar days, to commence such suspension or revocation.
This grant shall be in writing and will not in any way affect or extend
the time to appeal the Hearing Officer's Decision.
C.
No person, representative, agent, or other person to whom such order is directed shall fail, neglect, or refuse to obey such order. No person shall obstruct, impede, or interfere with any officer, employee, contractor, or authorized representative of the County, whenever such person is engaged in the performance of work so ordered by the Hearing Authority. Violation of this section shall constitute a misdemeanor and is subject to enforcement pursuant to Section 4.07.145.
(SCC 1608 § 9, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
A.
Notwithstanding Section 4.07.110(A)(4) and Section 4.07.110(B), upon written request by the holder of the license, the Director may, in his or her sole discretion, stay up to a maximum of 15 calendar days, the suspension imposed pursuant to Section 4.07.110(A)(1). However, no stay shall be granted for suspensions imposed pursuant to Sections 4.07.110(A)(2)–(4). A stay may be granted upon the successful completion of all of the following:
1.
Remedial
conditions imposed by the Director, including but not limited to,
installation of a point of sale system with a driver's license verification
system, employee training, signage, or any other measures deemed appropriate
by the Director.
2.
Full
payment of any fines, fees, and cost recovery imposed pursuant to
this chapter.
3.
Compliance
with all other terms, conditions, or orders imposed by the Director
which reasonably relate to the prevention of violations of this Code,
including, but not limited to, successful completion, without any
violations, of the suspension period which was not tolled by this
subsection.
B.
In making
the determination to stay a portion of the suspension, the Director
may consider the following factors:
1.
Any
prior history of the licensee, business, owners, and or agents;
2.
Any
remedial measures previously taken by the licensee;
3.
The
circumstances pertaining to the specific violation alleged;
4.
The
severity of the alleged violations;
5.
Any
other factors which reasonably relate to the intent of this Code.
C.
Upon
successful completion of the terms, conditions, or orders imposed
above, the stayed period of the suspension shall be deemed completed.
The failure to successfully complete the terms, conditions, or orders
imposed above, within 30 calendar days from the date in which the
Director imposed such conditions, unless otherwise agreed in writing
by the Director, shall result in the immediate suspension of the subject
license for the entirety of the suspension period.
(SCC 1608 § 9, 2017; SCC
1687 § 1, 2022; SCC 1717 § 1,
2023)
The decision by the Hearing Officer issued pursuant to Section 4.07.130 is a final decision. The time for judicial review of that decision as well as preparation of the record of the administrative hearing is governed by Sacramento County Code, Chapter 1.06.
(SCC 1717 § 1, 2023)
A.
In addition
to any other remedy, any person violating any provision of this chapter
shall be guilty of a misdemeanor for each day such violation continues.
B.
Any
violation of this chapter may be remedied by a civil action brought
by the County Counsel. The County may recover reasonable attorney
fees and costs of suit in any civil action brought by the County Counsel
to remedy any violation of this chapter.
C.
Any
person violating the provisions of this chapter shall also be liable
for civil penalties of not less than $250 or more than $25,000 for
each day the violation continues.
D.
Violations
of this chapter are hereby declared to be public nuisances subject
to abatement by the County.
E.
In addition to any other remedy or abatement authority allowed by law, the Director may take reasonable measures to enforce the suspension or revocation of a license. Such measures may include, but are not limited to, posting notices on the property which state tobacco products are not to be sold or purchased until the conclusion of the suspension, or requiring all tobacco products to be removed from the property during the suspension or revocation period. Removal of notices posted pursuant to this section shall, pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor violation.
(SCC 1273 § 1, 2004; SCC
1608 § 9, 2017; SCC 1687 § 1,
2022; SCC 1717 § 1, 2023)
