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<br />d. 35, if the present violation is the fourth or subsequent <br />violation within 24 months of the first violation. <br /> <br />3. "C" is whether the cause of the violation was an unavoidable <br />accident, negligence, or a reckless or intentional act. The value of "C" shall <br />be: <br /> <br />a. 1, if the violation was an unavoidable accident or <br />caused by others. In making a determination, consideration shall be <br />given to whether the clerk failed to correctly calculat~. the minor's age <br />with the use of aids such as a calculator or "Born by Today's Date" <br /> <br />. . <br />SIgn. <br /> <br />-. < b. . ! . 3, iftlie violation was caused by a responsible person's <br />negligence. Negligence is the failure to exercise the care that a <br />prudent person would exercise under the circumstances. This <br />category applies when a clerk fails to correctly calculate a minor's age <br />without the use of aids such as a calculator or "Born by Today's <br />Date" sign; where a clerk asked for age without verifying the minor's <br />identification; or if the clerk fails to use the store's ill scanner. <br /> <br />c. 5, if the violation was caused by a responsible person's <br />reckless or intentional acts. A reckless act is marked by a lack of <br />proper caution or disregard for consequences. An intentional act is <br />an act done by intention or design. In making this determination, <br />consideration shall be given to whether a minor has access to tobacco <br />products (tobacco products not being sold by "vendor assisted sales" <br />only); whether the clerk uses the store's ill scanner, overrides the <br />scanner and sells to the minor; or the clerk does not ask for <br />identification. <br /> <br />4. "K" is the knowledge the responsible person has of City, State <br />and Federal requirements related to tobacco products sales. The value of"K" <br />shall be: <br /> <br />a. 1, if the responsible person was uninformed and <br />unaware that the action constituted a violation. <br /> <br />b. 3, if the responsible person reasonably should have <br />known the action constituted a violation. <br /> <br />c. 5, if the responsible person was informed the action <br />constituted a violation either through previous enforcement action, <br /> <br />Administrative Order - 9 <br />r:\adminord\rules\O 1 tobsales2ao.wpd(03/07/0 1) <br /> <br />III <br />