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