Ordinance 865 - Laserfiche WebLink

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Ord 865 Page 10 Subd. 4. Minors. Any person under the age of eighteen (18) years who purchases, possesses, or consumes tobacco shall be treated as follows: for a first offense the violator will be referred to Northwest Youth and Family Services, and be required to complete NYFS's Tobacco Education Program,and pay the related fees or expenses.A second violation will result in an administrative penalty of fifty dollars($50.00),and will also result in a referral to Northwest Youth and Family Services for monitored community service.Third or subsequent violations will be referred to the Ramsey County Attorney's Office, Juvenile Court Division, for prosecution. Failure to comply with the requirements set forth above for a first or second offense will result in an immediate referral to the Ramsey County Attorney's Office for prosecution through the Juvenile Court Division. Subd. 5. Other individuals. Other individuals, other than minors as regulated by Subd. 4 of this Section, found to be in violation of this Chapter, shall be charged an administrative fine of $50. Subd. 6. Defenses. It shall be an affirmative defense to a charge of selling tobacco or tobacco related devices to a person under the age of eighteen(18)years in violation of this Section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. 512.12: SUSPENSION OR REVOCATION: Subd. 1. In addition to any other penalty imposed under Section 512.11, any license issued under this Chapter may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard. A second violation within twelve (12) months of the initial violation shall result in a suspension of not less than three(3)consecutive days.A third violation within twenty four(24) months of the initial violation shall result in a suspension of ten(10)consecutive days.A fourth violation within twenty four (24) months of the initial violation shall result in revocation of license for ninety(90) consecutive days, and shall require a hearing before the City Council. Subd. 2. Hearing and Notices. Suspension or revocation of a license shall be preceded by a hearing before the City Council.A hearing notice shall be delivered to the licensee at least ten(10)days prior to the hearing. The hearing notice shall state the time and place of the hearing and the nature of the charges against the licensee.Judicial appeal shall be as provided for by state law. 512.13: EXCEPTIONS: Nothing in this Chapter shall prevent the providing of tobacco, tobacco products,tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. 512.14: SEVERABILITY: If any section or provision of this ordinance is held invalid,such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision.