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• the penalty will be charged has received notice, served personally or by mail, of <br /> the alleged violation, and has had an opportunity for a hearing before the City <br /> Council. A decision by the City Council that a violation of this ordinance has <br /> occurred shall be in writing. Judicial appeal shall be as provided for by state law. <br /> Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling tobacco to <br /> a person under the age of 18 years in violation of this ordinance that the licensee <br /> or individual making the sale relied in good faith upon proof of age as described <br /> in Minnesota Statutes, Section 340A.503, subdivision 6. <br /> Subd. 4. Minors. Any person under the age of 18 years who purchases, possesses, or <br /> consumes tobacco shall be [language to be inserted after public <br /> hearing]. <br /> 512.08: SUSPENSION OR REVOCATION: In addition to any other penalty <br /> imposed under section 512.07, any license issued under this section may be revoked by <br /> the City Council for a violation of any provision of this Chapter if the licensee has been <br /> given a reasonable notice and an opportunity to be heard. A second violation within <br /> twelve (12) months shall result in a suspension of at least two (2) days. A third violation <br /> within a twenty four (24) month's time frame shall result in a suspension of at least five <br /> (5) days, A fourth violation within a twenty four (24) month's time frame shall result in <br /> • revocation of license for the balance of the year. <br /> 512.09: HEARING AND NOTICE: Revocation or suspension of a license shall <br /> be preceded by a hearing before the City Council. A hearing notice shall be given at least <br /> ten (10) days prior to the hearing including notice of the time and place of the hearing <br /> and shall state the nature of the charges against the licensee. Judicial appeal shall be as <br /> provided for by state law. <br /> 512.10: EXCEPTION: A person under eighteen (18) years of age who purchases <br /> or attempts to purchase tobacco-related products while under the direct supervision of a <br /> responsible adult for training, education, research or enforcement purposes shall not be <br /> subject to the penalties imposed by Section 512.05. <br /> • <br /> • <br /> SJR137988 <br /> MU125-32 <br />