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Ordinance # 177
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Ordinance # 177
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Subd. 7 Continued Violation. Each violation, and every day in <br /> �-- which a violation occurs or continues , shall constitute a separate <br /> offense . <br /> Section 1300 Penalties. <br /> Subd. 1 Licensees. Any licensee found to have violated this <br /> ordinance, or whose employee shall have violated this ordinance, <br /> shall be charged an administrative fine of $75 for first violation <br /> of this ordinance; $200 for a second offense at the same licensed <br /> premises within a twenty-four month period; and $250 for a third <br /> or subsequent offense at the same location within a twenty-four <br /> month period . In addition, after the third offense, the license <br /> shall be suspended for not less than seven days . <br /> Subd. 2 Other Individuals . Other individuals, other than minors <br /> regulated by subdivision 3 of this Subsection, found to in <br /> violation of this ordinance shall be charged an administrative fee <br /> of $50 . <br /> Subd . 3 Minors . Minors found in unlawful possession of , or who <br /> unlawfully purchase or attempt to purchase, tobacco, tobacco <br /> products, or tobacco related devises , shall be subject to a $25 <br /> fine for a first offense , and a $50 fine for each subsequent <br /> offence . <br /> Subd. 4 Misdemeanor . Nothing in this Section shall prohibit the <br /> City from seeking prosecution as a misdemeanor for any violation <br /> of this ordinance . <br /> Section 1400. Exceptions and Defenses . Nothing in this ordinance shall <br /> prevent the providing of tobacco, tobacco products , or tobacco related <br /> devices to a minor as part of a lawfully recognized religious, <br /> spiritual, or cultural ceremony. It shall be an affirmative defense to <br /> the violation of this ordinance for a person to have reasonably relied <br /> on proof of age as described by State law. <br /> Section 1500 Severability and Savings Clause. If any section or portion <br /> of this ordinance shall be found unconstitutional or otherwise invalid <br /> or unenforceable by a court of competent jurisdiction, that finding <br /> shall not serve as a invalidation or effect the validity and <br /> enforceability of any other section or provision of this ordinance. <br /> page 8 <br />
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