59-08 Amend Sanitary Code - Laserfiche WebLink

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1727.08 OUT-OF-PACKAGE SALES PAOHHiITED. It is unlawful to sell cigarettes out of the manufactured package with required health warnings. It is unlawful to sell cigarettes in packages offewer than lwenTy cigarettes per package. 1727.09 TOBACCO SAMPLES PROHIBITED. No licensee shall knowingly disVibute or furnish without charge or at nominal charge, or cause to be famished or distributed without charge or at nominal charge, cigarettes or other tobacco products, or wupons for cigarettes or other tobacco products, in any public place or at any event open to the public, except in retail tobacco stores. 1727.10 VENDOR ASSISTED SALES. It shall be unlawful fnr any persoq business or tobacco retailer to sell, pemdt to be sold, or offer for sale any tobacco product by means ofself-service displays or any other means other than vendor-assisted sales. 1727.11 SUSPENSION OF LICENSE. (a) A licensee, or any agent, employee or representative of said licensee, convicted of violating Section 521.14 of the Lakewood Codified Ordinances shall have said license subject to suspension after notice and an opportunity to be heard as follows: (1) In the case of a firs[ violation, the licensee shall be fined two hundred dollars ($200.00) and shall be notified in writing of penalties levied for further violations. (2) In the case of a second violation m a two~year period, the licensee shall be fined five hundred dollars ($500.00) and the license shall be suspended £or no[ less than thirty consecutive business days or more than three months, Tobacco retailers must remove all tobacco merchandise from al] areas accessible [o the public while [he license is suspended. (3) In the case of three or more violations within atwo-year period, tha licovsea sball be fined one thousand dollars ($1,000) and the license shall be suspended for not less than six months or more than eighteen months. Tobacco retailers must remove all tobacco merchandise from all areas accessible to the public while the license is suspended. (h) The Health Commissioner or hie desigoee shall initiate the enforcement of Sac[ion 172711(a) against license holders, and shall conduct hearings upon the license holder's request. A licensee must request a hearing with the Health Commissioner within ten days of the notice of the action taken under subsection (a) hereof. Rulings made by the Health Comroissioner or his designee regarding the suspension of a license, after an adequate hearing, shall be final. 1727.12 NONRETALIATION. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer reported violations of any provisions ofthis chapter 1727.13 PUBLIC EDUCATION. The Health Commissioner or his designee shall engage in a continuing program to explain and clarify the purposes and requirements ofthis chapter to citizens affected by iS and to guide owners and operators and manager in their compliance with it. Public education will also promote an awareness of the grave health consequences of tobacco use, 3727.14 SEVERABILITY. If any provision, clause, sentence or paragraph ofthis chapter or the application thereof to any person or circumstance shall be held to be invaliQ such invalidity shall m[ affect the provisions ofthis chapter which can be given effect without the invalid provisions or application, and to this end the provisions are declared to be severable. 1727.99 PENALTY. A violation of any section of this chapter shall subject the licensee, or anyone required to be a licensee, to a fine of Five hundred dollars ($500.00) per day for each violation The Health Commissioner or his designee shall have the authoeity to enforce this chapter CAAPTER 1739 Places Where Food Is Manufactured 1739.01 APPLICATION OF OTHER PROVISIONS. No building nor portion of any building shat) be used as a place where food is manufactured for the purpose of sale unless alt of the provisions of law and ordinance relating to workshops, including Chapter 1711 of this Sanitary Code, the provisions of Part Thirteen ~~ Building Code, and all other provisions of ]aw and ordinance relating theretq are complied with. 1739.02 LIGHTING. No room in any building shall be used as a place where food is manuFacmred for the purpose of sale unless such room be adequately lighted in the day time. Such room shall he deemed to be adequately lighted in the daytime if there shall have been provided a window or windows having a glass area equal to at (east ten percent of the floor area of any such room, provided that each such required window opens directly upon a public thoroughfare or upon a yard or court not less than ten feet wide. 1739.03 WALLS AND CEILINGS. No room in any building shat) be used as a place where food is manufactured for the purpose of sate unless the walls and ceilings of such room shall have smooth surFaces throughout and shall be of tight construction, free from projections and crevices, and unless such wa0s and ceilings are painted, whitewashed, scmbbed or cleaned whenever the official charged with the enforcement of this Sanitary Code shall so order 1739.04 LIVING AND SLEEPING ROOMS. No building or portion of any building that is used as a place where food is manufactured for the purpose of sale shall be used for living, sleeping or cooking purposes unless the portion of the building so used shall be completely separated from the portion of the building used as a place where food is manufactured for the purpose of sale by a smd or masonry partition extending from floor to ceiling without opening of any kind. 1739.05 PROHIBITED OCCUPATTONS. The process of barbering, shoe repaving or any other operation or process in which offensive suhstances or odors are set free shall not 6e conducted in any room in which food is manufactured for the puryose of sale, 1739.06 PLUMBDVG REQUIREMENTS; DRAINAGE. 1~