§ 13-12-105. PENALTIES AND ENFORCEMENT.

(a)

Penalty for owners.

(1)

An owner who violates the distribution to minors provisions of § 13-12-103 of this title in any calendar year is subject to a civil penalty as follows:

(i)

$500 for a first violation;

(ii)

$1,000 for a second violation; and

(iii)

$1,500 or suspension of all tobacco sales for one month or both for a third or subsequent violation.

(2)

An owner who violates the product placement provisions of § 13-12-104 of this title in any calendar year is subject to a correction notice for a first violation and thereafter a civil penalty as follows:

(i)

$500 for a second violation;

(ii)

$1,000 for third violation; and

(iii)

$1,500 for a fourth or subsequent violation.

(3)

An owner who violates the identification check provisions of § 13-12-103.1 of this title in any calendar year is subject to a correction notice for a first violation and thereafter a civil penalty as follows:

(i)

$100 for a second violation; and

(ii)

$250 for a third or subsequent violation.

(4)

An owner is liable for violation of this title committed by an employee or agent of the owner.

(b)

Penalty for others. Any other person who violates any provision of this article is subject to a civil penalty of $50 for the first violation and $100 for any subsequent violations.

(c)

Separate offenses. For purposes of this section, each separate incident at a different time and occasion is a violation.

(d)

Enforcement. The Baltimore County Department of Health may adopt reasonable regulations, in accordance with the provisions of Article 3, Title 7 of the Code, to carry out the purposes of this title.

(e)

Enforcement by Health Officer.

(1)

As provided in this subsection and in addition to any other remedy authorized by law, the Health Officer may enforce the provisions of this title in accordance with Article 3, Title 6 of the Code.

(2)

(i)

Except as provided in paragraph (4) of this subsection, if an owner or an employee or agent of the owner violates § 13-12-103.1 or § 13-12-104 of this title, the Health Officer shall issue a correction notice to the owner.

(ii)

If the correction notice is for a violation of the product placement provisions of § 13-12-104 of this title, the correction notice shall instruct the owner to comply with those provisions within an amount of time required by the Health Officer.

(iii)

If the correction notice is for a violation of identification check provisions of § 13-12-103.1 of this title, the correction notice shall instruct the owner to:

1.

Cease and desist from such violations; and

2.

Ensure that the owner's employees and agents cease and desist from such violations.

(iv)

The Health Officer shall post the correction notice on the property, send the correction notice by first class mail, or hand deliver the correction notice to the owner.

(v)

An owner may not appeal the issuance of a correction notice.

(3)

(i)

The Health Officer shall issue a citation to an owner:

1.

If the owner fails to correct the product placement violation within the time required by the correction notice;

2.

If there is a subsequent violation of the identification check provisions at the location for which a correction notice was issued; or

3.

For a violation of the distribution to minors prohibition under § 13-12-103 of this title.

(ii)

The citation shall:

1.

Be in writing and describe with particularity the nature of the violation, including a reference to the county code provision the owner or the owner's employee or agent has allegedly violated;

2.

Include any civil penalty proposed to be assessed; and

3.

Advise the owner that the owner may contest the citation or proposed civil penalty by filing with the Health Officer, within 15 days after receipt of the citation, a written request for a code enforcement hearing.

(iii)

The Health Officer shall serve the citation on the owner by posting the citation on the property, sending the citation by first class mail, or hand delivering the citation to the owner on a form prescribed by the Health Officer.

(iv)

A citation may require the owner to comply with the correction notice.

(v)

If the owner does not request a code enforcement hearing within the 15 days required under this subsection, the citation and any civil penalty are deemed a non-appealable final order of the Health Officer.

(4)

The Health Officer is not required to issue a correction notice to the owner before issuing a citation if the Health Officer has already issued a previous citation for the same violation in the same location.

(5)

(i)

If any person other than the owner commits a violation of this title, the Health Officer may issue a correction notice and citation as provided in this subsection.

(ii)

The Health Officer is not required to issue a correction notice to the person before issuing a citation if the Health Officer has already issued a previous citation to the person for the same violation.

(6)

(i)

Except as provided in this paragraph, the code enforcement proceedings shall continue as provided in §§ 3-6-206 and 3-6-207 of the Code and Article 3, Title 6, Subtitles 3 and 4 of the Code.

(ii)

For purposes of this subsection:

1.

All references to the "Code Official" shall be deemed to refer to the Health Officer;

2.

All references to the "violator" shall be deemed to refer to the owner or person who has received a correction notice or citation under this title; and

3.

All references to the "Hearing Officer" shall be deemed to refer to the individual designated by the Health Officer to conduct code enforcement hearings under this title.

(iii)

Section 3-6-206(c), (d), and (e) of the Code does not apply to a citation issued under this title.

 

(Bill No. 79-07, § 1, 1-10-2008; Bill No. 92-09, § 2, 2-13-2010; Bill No. 13-15, § 1, 4-26-2015; Bill No. 52-15, § 1, 8-5-2015 )