BIL 140 Draft 02 2014-2016 - Laserfiche WebLink

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(e) Any violation of this article that occurs alter the issuance of a written warning to a food vendor is subject to civil and administrative enforcement, punishable by a civil fine established in this article. Any citation issued for a violation of this article shall give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing as provided in section 2-204 of this Code. Section 20- . Fines. (a) A fine may be imposed upon findings made by the director that any food vendor has used polystyrene -based disposable food service ware in violation of this article. (b) Amount of fine. Upon findings made under this article, the food vendor shall be subject to an administrative fine as follows: (1) A tine not exceeding $100 for a first violation; (2) A fine not exceeding $200 for a second violation; and (3) A fine not exceeding $500 for the third and subsequent violations. (c) Food vendors who violate this article in connection with commercial or non- commercial special events shall be assessed lines as follows: (1) A fine not to exceed $200 for an event of one to 200 persons; (2) A fine not to exceed $400 for an event of 201 to 400 persons; (3) A fine not to exceed $600 for an event of 401 to 600 persons: and (4) A fine not to exceed $1,000 for an event of 600 or more persons. (d) Fine procedures. Notice of the tine shall be served on the food vendor. The notice shall contain an advisement of the right to request a hearing before the director contesting the imposition of the fine. The grounds for the contest shall be either that (1) the food vendor did not use polystyrene -based disposable food service ware when providing prepared food, or (2) the food vendor would have been granted an exemption under this article if the food vendor had applied for such exemption. Said hearing must be within thirty days of the date appearing on the notice of the tine. The decision of the director shall be based upon a finding that one of the above listed grounds for a contest have been met or not met and shall be a final administrative order, with no administrative right of appeal. (e) Failure to pay fine. Fines not paid within thirty days from the date appearing on the notice of the tine or of the notice of determination of the director after the hearing, shall be referred to a collection agency. Section 20- . Other relief. (a) The County corporation counsel may seek legal, injunctive, or other equitable relief to enforce this article. (b) The remedies provided herein are cumulative and not exclusive.