§ 18A-19. Enforcement.

(a)

Any permit holder who violates a provision of the Retail Food Code (California Health and Safety Code section 113700 et seq.), or any provision of this chapter, or Chapter 18B, may have his or her public health permit suspended or revoked by the Enforcement Agency in accordance with the procedure set forth in the Retail Food Code.

(b)

Any permit holder who operates or maintains an establishment, business or activity listed in Section 18A-7 without a permit, or with a permit that has been suspended or revoked, may be charged with an infraction punishable by imposition of the following fines:

1.

Upon a first conviction, a fine of one hundred dollars ($100.00);

2.

Upon a second conviction of violating Section 18A-7 within the twelve (12) month period immediately preceding the commission of the current violation, a fine of two hundred dollars ($200.00);

3.

Upon a third conviction of violating Section 18A-7 within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five hundred dollars ($500.00).

(c)

Each and every day or portion thereof that a permit holder continues to operate or maintain an establishment, business or activity without a permit shall constitute a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

(d)

Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (a) may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3) or more violations within the previous twelve (12) month period.

(e)

Any establishment, business or activity listed in Section 18A-7 that operates in violation of the provisions of this chapter is hereby determined to constitute a public nuisance, and may be abated in any manner provided for by law.

(Ord. No. 4080, § 1, 5-6-14)