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(2) For a recurring violation. <br /> (A)The retailer shall pay an administrative fine of$2,000; and <br /> (B)The retailer shall pay an administrative fine of$5,000 for each day in which the <br /> violation persists beyond the date of the recurring violation. <br /> Section 14- Enforcement. <br /> The department or its authorized delegates may conduct random,unannounced inspections at <br /> locations where tobacco products are distributed to test and ensure compliance with this article <br /> and shall generally enforce the provisions of this article. This article shall not apply to controlled <br /> purchases as part of a law enforcement activity, or a study authorized by the State department of <br /> health under the supervision of law enforcement. <br /> SECTION 2. Severability. If any provision of this ordinance, or the application thereof <br /> to any person or circumstance, is held invalid,the invalidity does not affect other provisions or <br /> applications of the ordinance which can be given effect without the invalid provision or <br /> application, and to this end the provisions of this ordinance are declared to be severable. <br /> SECTION 3. This ordinance shall take effect 42 calendar days after the day on which the <br /> State of Hawai`i preemption of county ordinances on the sale of tobacco products is officially <br /> repealed or suspended;provided that if the 42nd day after the day of the repeal or suspension of <br /> the preemption occurs on a weekend or holiday,then this ordinance takes effect on the next <br /> business day following the 42nd day. <br /> INTRODUCED BY: <br /> COUNCI MBER, COUNT OF HAWAI`I <br /> , Hawai`i <br /> Date of Introduction: <br /> Date of 1st Reading: <br /> Date of 2nd Reading: <br /> Effective Date: <br /> REFERENCE Comm. 593 <br /> 4 <br />