§ 4600.4.

ENFORCEMENT AND PENALTIES

a.

This Article shall be administered and enforced by the Chief of Police, in conjunction with the City Attorney. The Police Department shall develop guidelines, as appropriate, to ensure proper implementation and enforcement of this Article.

b.

The Chief of Police shall enforce Section 4600.3 as follows:

1.

The Chief of Police shall receive and review complaints relating to violations of this Article;

2.

The Chief of Police shall act upon such complaints, within 30 days of receipt, by serving notice requiring correction of any violation of this Article upon the person, business, tobacco retailer, or owner, manager or operator of the establishment responsible for the self-service merchandising of tobacco products prohibited by this Article;

3.

If additional resources are needed, the Chief of Police may enter into agreements with appropriate departments to receive and review complaints and, within 30 days of receipt, to serve notice requiring correction of any violation of this Article upon the person, business, tobacco retailer, or owner, manager or operator of the establishment responsible for the self-service merchandising of tobacco products prohibited by this Article;

4.

Any person who fails or refuses to comply with the notice within the time period specified is subject to either a criminal action for an infraction or a civil action brought by the City Attorney.

c.

Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this Article who violates or refuses to comply with any provision of this Article shall be deemed guilty of an infraction, and shall be deemed guilty of a separate offense for each day such violation or refusal shall continue. Every violation is punishable by:

1.

A fine, of at least $25 but not exceeding $100 and/or five days of community service, for the first violation;

2.

A fine, of at least $100 but not exceeding $175 and/or 10 days of community service, for a second violation of this Article within five years of the first violation;

3.

A fine, of at least $175 but not exceeding $250 and/or 15 days of community service, for a third violation of this Article within five years of the first violation.

d.

The City Attorney may maintain an action for injunction to enforce the provisions of this Article, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation pursuant to subdivision (e).

e.

Any person who violates or refuses to comply with the provisions of this Article shall be liable for a civil penalty of $100 for each violation, which penalty shall be assessed and recovered in a civil action brought in the name of the People of the City and County of San Francisco in any court of competent jurisdiction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the Treasurer of the City and County of San Francisco. The person against whom a penalty is assessed also shall be liable for the costs of attorney’s fees incurred by the City and County of San Francisco in bringing any civil action to enforce the provisions of this Article.

f.

For purposes of determining liability of persons, firms or corporations controlling franchises or business operations in multiple locations, each individual franchise or business location shall be deemed a separate entity. Violations accumulated and penalties assessed against a prior owner of a single franchise location shall not be accumulated against a new owner of the same single franchise location.

History

(Added by Ord. 446-96, App. 11/27/96)

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