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C. 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 />Subd. 2 Individuals: Any person who purchases or provides tobacco, tobacco products, <br />or tobacco related devices for a person under the age of 18 may incur administrative <br />penalties as follows: <br />A. First Violation: The city council may impose a civil penalty not to exceed $50 <br />And/or require the person to attend tobacco related education classes, and/or <br />participate in a diversion program and/or complete community service. <br />B. 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 />C. 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 />Subd. 3 Licensees: Any licensee found to have violated this ordinance, or whose <br />employee shall have violated this ordinance, shall be subject to the following <br />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 />602.14 Exceptions and Defenses: Nothing in this ordinance shall prevent the <br />providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a <br />lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative <br />defense to the violation of this ordinance for a person to have reasonably relied on proof <br />of age as described by State law. <br />602.15 Severability and Savings Clause: If any section of this ordinance shall <br />be found unconstitutional or otherwise invalid or unenforceable by a court of competent <br />jurisdiction, that finding shall not serve as an invalidation or effect the validity and <br />enforceability of any other section or provision of this ordinance. <br />