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(2) For a recurring violation. (A) The retailer shall pay an administrative fine of $2,000; and (B) The retailer shall pay an administrative fine of $5,000 for each day in which the violation persists beyond the date of the recurring violation. Section 14- Enforcement. The department or its authorized delegates may conduct random, unannounced inspections at locations where tobacco products are distributed to test and ensure compliance with this article and shall generally enforce the provisions of this article. This article shall not apply to controlled purchases as part of a law enforcement activity, or a study authorized by the State department of health under the supervision of law enforcement." SECTION 2. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 3. This ordinance shall take effect 42 calendar days after the day on which the State of Hawaii preemption of county ordinances on the sale of tobacco products is officially repealed or suspended; provided that if the 42nd day after the day of the repeal or suspension of the preemption occurs on a weekend or holiday, then this ordinance takes effect on the next business day following the 42nd day. Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 593.4 UCED BY: �: • )►WMNI 9