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E. Second Violation Within 24 Months: The city council may impose a civil <br />penalty not to exceed $75 And/or require the person to attend tobacco related <br />education classes, and/or participate in a diversion program and/or complete <br />community service. <br />F. Third Violation Within 24 Months: The city council may impose a civil <br />penalty not to exceed $100 And/or require the person to attend tobacco related <br />education classes, and/or participate in a diversion program and/or complete <br />community service. <br />Licensees: Any licensee found to have violated this ordinance, or whose employee shall <br />have violated this ordinance, shall be subject to the following administrative penalties: <br />A. First Violation: The city council may impose a civil penalty not to exceed <br />$500 and/or a suspension of the license for a period of ten (10) days. <br />B. Second Violation Within 24 Months: The city council may impose a civil <br />penalty not to exceed $750 and/or s suspension of the license for a period of <br />thirty (30) days. <br />C. Third Violation Within 24 Months: The city council may impose a civil <br />penalty not to exceed $1,000 and/or suspension of the license for a period of <br />one (1) year. <br />Section XIV. Exceptions and Defenses: <br />Nothing in this ordinance shall prevent the providing of tobacco, tobacco products, or <br />tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or <br />cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for <br />a person to have reasonably relied on proof of age as described by State law. <br />Section XV. Severability and Savings Clause: <br />If any section of this ordinance shall be found unconstitutional or otherwise invalid or <br />unenforceable by a court of competent jurisdiction, that fording shall not serve as an <br />invalidation or effect the validity and enforceability of any other section or provision of <br />this ordinance. <br />Section XVI. Summary: <br />It is the intent of this ordinance to regulate the sale, possession, and use of tobacco, <br />tobacco products, and tobacco related devices in the city of Lino Lakes and to reduce the <br />illegal sale , possession, and use of such items to and by minors. <br />