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BIL 013 Draft 03 2016-2018
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BIL 013 Draft 03 2016-2018
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Last modified
9/12/2017 9:14:40 AM
Creation date
7/11/2017 8:39:56 AM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2016-2018
Bill/Resolution
013
Draft
03
Introducer
Eileen O'Hara, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 13, Draft 3 referred to the Environmental Management Commission - 07/07/17
Action 2
Council: Bill 13, Draft 3 amended to Draft 4 - 09/07/17
Reading Number
1
Reading Date
9/7/2017
Document Relationships
AGE COUNCIL 2017/09/07 2016-2018
(Related)
Path:
\Council Records\Agendas\2016-2018\Council
COM 0107.161 2016-2018
(Related To)
Path:
\Council Records\Communications\2016-2018
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(b) Amount of fine. Upon findings made under this article,the food vendor shall be subject to <br /> an administrative fine for each separate violation as follows: <br /> (1) A fine of$10 for a first violation; <br /> (2) A fine of$50 for a second violation; and <br /> (3) A fine not exceeding $200 for the third and any subsequent violations. <br /> (c) Food vendors who violate this article icle in connection with commercial or non-commercial <br /> special events shall be assessed fines for each special event as follows: <br /> (1) A fine of$10 for a first violation; <br /> (2) A fine of$50 for a second violation; and <br /> (3) For a third and any subsequent violation: <br /> (A) A fine not to exceed $100 for an event of one to 200 persons; <br /> (B) A fine not to exceed $200 for an event of 201 to 400 persons; <br /> (C) A fine not to exceed $400 for an event of 401 to 600 persons; and <br /> (D) A fine not to exceed $600 for an event of 600 or more persons. <br /> (d) Fine procedures. Notice of the fine shall be served on the food vendor. The notice shall <br /> contain an advisement of the right to request a hearing before the director contesting the <br /> imposition of the fine. The grounds for the contest shall be that the food vendor did not use <br /> polystyrene foam-based disposable food service ware when providing prepared food. Said <br /> hearing must be requested within thirty days of the date appearing on the notice of the fine. <br /> The hearing shall be held within thirty days of receipt of the request for the hearing. The <br /> decision of the director shall be based upon a finding that the above listed grounds for a <br /> contest have been met or not met and shall be a final administrative order. <br /> (e) Failure to pay fine. Fines not paid within thirty days from the date appearing on the notice <br /> of the fine or of the notice of determination of the director after the hearing, shall be <br /> referred to a collection agency. <br /> Section 20-_. Other relief. <br /> (a) The County corporation counsel may seek legal, injunctive, or other equitable relief to <br /> enforce this article. <br /> (b) The remedies provided herein are cumulative and not exclusive. <br /> (c) All fines and other enforcement actions may be appealed to the environmental management <br /> commission, provided the appeal is filed within thirty days of issuance of the notice of <br /> determination. All fines and other enforcement actions imposed by director and upheld by <br /> the environmental maybeappealed to management commissionthe circuit court, provided <br /> g PP <br /> the appeal is filed within thirty days of issuance of the decision of the commission. <br /> Section 20- Education. <br /> On or before January 1, 2019,the director shall establish an education program for <br /> businesses, nonprofit organizations, and the general public regarding compostable alternatives to <br /> polystyrene foam disposable food service ware." <br /> 6 <br />
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