05-25-2022 Council Packet - Laserfiche WebLink

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12 within a 36-month period; and $1,000 for a third or subsequent offense at the same location within a 36-month period. Upon the third violation, the license will be suspended for a period of not less than 30 consecutive days, and may be revoked. Upon a fourth violation within a 36-month period, the license will be revoked. (2) Employees of licensees and other individuals. Individuals, other than persons under the age of 21 regulated by paragraph (b)(3) of this section, who are found to be in violation of this ordinance may be charged an administrative fine of $50. (3) Persons under the age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase Licensed Products may only be subject to non-criminal, non-monetary civil penalties or remedies such as tobacco-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the city determines to be appropriate. The City Council may consult with educators, parents, guardians, persons under the age of 21, public health officials, court personnel and other interested parties to determine an appropriate remedy in the best interest of the underage person. The remedies for persons under age 21 who use false identification to purchase or attempt to purchase Licensed Products may be established by ordinance and amended from time to time. If the violation relates to a restriction of Section 802.070 allowing a person under the age of 21 to sample a Licensed Product or providing to a person under the age of 21 a sample of a Licensed Product, the City Council may suspend the license for up to 60 days or revoke the license. In addition to such action, or in lieu of such action, the Council may impose a civil fine not to exceed $1,000 for each violation. (4) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for an alleged second violation of this ordinance by a person 21 years of age or older within five years of a previous conviction under the ordinance. 802.130. SEVERABILITY. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. SECTION 2. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith are hereby appealed. SECTION 3. SEVERABILITY CLAUSE. In any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.