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Ord 865 Page 9 Subd. 4. Illegal procurement.It shall be a violation of this Chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Chapter for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco,tobacco product,tobacco-related device,or nicotine or lobelia delivery device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification,whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 512.11: VIOLATIONS AND PENALTY: Subd. 1. Licensees: If a licensee or an employee of a licensee violates any provision of this Chapter,the licensee shall be charged an administrative penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of a licensee violates any provision of this Chapter a second time at the same location within twenty four(24)months of the initial violation,the licensee shall be charged an administrative penalty of four hundred dollars ($400.00). If a licensee or an employee of a licensee violates any provision of this Chapter a third time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of five hundred dollars ($500.00). No penalty under this Subdivision shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested by the licensee within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Individuals: Any person who sells tobacco to a person under the age of eighteen (18) years shall be charged an administrative penalty of one hundred dollars ($100.00) for a first offense and fifty dollars($50.00)additional for every subsequent offense. This penalty shall be in addition to the penalty charged under Section 512.11, Subd. 1. No penalty under this Subdivision, shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Section has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.