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Title: 2 - Administration and Personnel

Chapter: 100 - Remedies

Section: 6

SubSection: 02 Conscious violation

A conscious violation is any failure, neglect or refusal of the franchisee to materially comply with any order issued pursuant to these regulations, under such circumstances as to indicate:

A.   A conscious policy of noncompliance with the requirements thereof or

B.   A conscious lack of a policy of compliance with the require­ments thereof.

A prior finding of a violation under Section or for substantially the same or similar conduct shall create a rebuttable presumption of conscious action or inaction on the part of the franchisee. For each such violation, the franchising authority may impose a monetary sanction in an amount not to exceed fifty thousand dollars, and- in an additional like sum for each month or portion thereof during which the franchisee shall fail, neglect or refuse to rectify said violation beginning thirty days after written notice thereof from the franchising authority to the franchisee.


(Ord. 94-06 § 9 (part), 1994.)