Admin Order 53-01-03-F - Laserfiche WebLink

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1. "E" is the effort made by the responsible person in taking all feasible steps or procedures necessary or appropriate to correct or prevent the violation. The value of "E" shall be: a. 1, if the responsible person has made an active attempt to correct or prevent the violation. Whether signs were posted on both the entrance door and cash register stating it is illegal to sell tobacco products to persons under 18 years of age; whether an ill scanner has been purchased and is being used; ifboth a calculator and a "Born by Today's Date for Tobacco" sign is available for use by clerks; and whether regularly scheduled staff training is provided shall be considered in determining if an active attempt has been made toward correcting or preventing the violation. b. 3, if the person has made minor attempts to correct or prevent the violation. A minor attempt would be reflected by only having signs posted on either the entrance door or at the cash register; making either a calculator or a "Born by Today's Date for Tobacco" available for use by clerks; and providing clerks with tobacco education information after a violation by a responsible party. c. 5, if the person took little or no action whatsoever to correct or prevent the violation, or if the violation was so severe as to require immediate civil penalties. Little or no action includes no signs posted stating the law with respect to tobacco sales; no aids available for use by clerks; and either no ill scanner is available or it is not being used. 2. "P" is the frequency of prior violations of ordinances, rules, orders, or permits. The value of "P" is based on prior similar violations verified as valid, regardless of whether enforcement action was taken. The value of "P" shall be: a. 5, if the present violation is the first violation of this code provision by the responsible person, or if a prior violation occurred more than 24 months previously. b. 20, if the present violation is the second violation within 24 months of the first violation. c. 35, if the present violation is the third violation within 24 months of the first violation. Administrative Order - 8 r:\adminord\rules\O 1 tobsales2ao. wpd(03/07 101)