§ 1070.24.

CRIMINAL AND ADMINISTRATIVE PENALTIES

a.

CRIMINAL PENALTY. Any person who violates any provision of this Article shall be deemed guilty of an infraction. Any person who violates this Article more than once in a 12-month period shall be guilty of an infraction or a misdemeanor, at the discretion of the prosecutor. A first violation of this Article is an infraction is punishable by a fine of not more than $100. A second violation within one year of the date of the first violation is an infraction punishable by a fine of not more than $200 or a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. A third or subsequent violation within one year of the date of the second or subsequent violation is an infraction punishable by a fine of not more than $500 or a misdemeanor punishable by a fine of not to exceed $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment, at the discretion of the prosecutor. Each day a Person conducts, operates, or maintains a Business without a valid permit shall constitute a separate violation.

b.

ADMINISTRATIVE PENALTY.

1.

The Director may issue administrative citations for the violation of any condition imposed on a permit granted under this Article and any violation of Section 1070.28 or 1070.29 (governing Security Plans). San Francisco Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Subsection (b). The Director shall impose fines for violations of any permit condition and any violation of Section 1070.28 or 1070.29 as set forth in Section 100.5(a) of the San Francisco Administrative Code.

2.

Notwithstanding Subsection (b)(1) of this Section, the procedure governing the appeal of a citation set forth in San Francisco Administrative Code Chapter 100 is revised as provided in this Subsection (b)(2). The Controller may designate the Director of the Department of Public Works as a hearing officer under San Francisco Administrative Code Section 100.7, but shall designate such officer for no more than one appeal a month and for no more than 12 times in a 12-month period.

History

(Added by Ord. 251-70, App. 7/23/70; Ord. 238-09, File No. 080324, App. 11/20/2009)

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