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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 <br /> inspections at locations where tobacco products are distributed to test and ensure compliance <br /> with this article and shall generally enforce the provisions of this article. This article shall not <br /> apply to controlled purchases as part of a law enforcement activity, or a study authorized by the <br /> State department of 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 repealed or suspended; provided that if the 42nd day after the day of the repeal or suspension of 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 /> INT UCED BY: <br /> 0.401:4 <br /> MEMBER, COUNT O' 'A ,A I`I <br /> Hilo , Hawai`i <br /> Date of Introduction: December 20, 2023 <br /> Date of lst Reading: December 20, 2023 <br /> Date of 2nd Reading: January 10, 2024 <br /> Effective Date: Forty-two days after the State of Hawai'i's preemptive authority <br /> is repealed or suspended. <br /> REFERENCE Comm. 593.4 <br /> 4 <br />