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Ordinance # 177
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Ordinance # 177
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Subd. 4 Illegal Procurement. It shall be a violation of this <br /> ordinance for any minor to purchase or attempt to purchase or <br /> otherwise obtain any tobacco, tobacco product , or tobacco related <br /> device , and it shall be a violation of this ordinance for any <br /> person to purchase or otherwise obtain such items on behalf of a <br /> minor . It shall further be a violation for any person to coerce <br /> or attempt to coerce a minor to illegally purchase or otherwise <br /> obtain or use any tobacco, tobacco product, or tobacco related <br /> device . This subdivision shall not apply to minors lawfully <br /> involved in a compliance check. <br /> Subd . 5 Use of False Identification. It shall be a violation of <br /> this ordinance for any minor to attempt to disguise his or her <br /> true age by the use of a false form of identification, whether the <br /> identification is that of another person or one on which the age <br /> of the person has been modified or tampered with to represent an <br /> age older than the actual age of the person. <br /> Section 1200 Violations. <br /> Subs.---1-_--Notice. Upon discovery- of a suspected violation-, the <br /> alleged violator shall be issued, either personally or by mail , a <br /> citation that sets for the alleged violation and which shall <br /> inform the alleged violator of his or her right to be heard on the <br /> accusation. <br /> Subd . 2 Hearings . If a person accused of violating this ordinance <br /> so requests, a hearing shall be scheduled, the time and place of <br /> which shall be published and provided to the accused violator. <br /> Subd. 3 Hearing Officer . The City Council shall serve as the <br /> hearing officer . <br /> Subd. 4 Decision. If the hearing officer determines that a <br /> violation of this ordinance did occur, that decision, along with <br /> the hearing officers reasons for finding a violation and the <br /> penalty to be imposed under section 13400 of this ordinance , shall <br /> be recorded in writing, a copy of which shall be provided to the <br /> accused violator. Likewise , if the hearing officer finds that no <br /> violation occurred or finds grounds for not imposing any penalty, <br /> such findings shall be recorded and a copy provided to the <br /> acquitted accused violator . <br /> Subd . 5 Appeals. Appeals of any decision made by the hearing <br /> officer shall be filed in the district court for the city in which <br /> the alleged violation occurred. <br /> Subd. 6 Misdemeanor Prosecution. Noting in this Section shall <br /> prohibit the City from seeking prosecution as a misdemeanor for <br /> any alleged violation of this ordinance . If the City elects to <br /> seek misdemeanor prosecution, no administrative penalty shall be <br /> imposed . <br /> page 7 <br />
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