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<br />Ord 865 <br />Page 10 <br /> <br /> how and where a hearing may be requested. The hearing must be requested within ten (10) <br />business days of notice delivery. A decision by the City Council that a violation of this Section <br />has occurred shall be in writing. Judicial appeal shall be as provided for by state law. <br /> <br />Subd. 3. Continued violation. Each violation, and every day in which a violation occurs or <br />continues, shall constitute a separate offense. <br /> <br />Subd. 4. Minors. Any person under the age of eighteen (18) years who purchases, possesses, or <br />consumes tobacco shall be treated as follows: for a first offense the violator will be referred to <br />Northwest Youth and Family Services, and be required to complete NYFS's Tobacco Education <br />Program, and pay the related fees or expenses. A second violation will result in an administrative <br />penalty of fifty dollars ($50.00), and will also result in a referral to Northwest Youth and Family <br />Services for monitored community service. Third or subsequent violations will be referred to the <br />Ramsey County Attorney's Office, Juvenile Court Division, for prosecution. Failure to comply <br />with the requirements set forth above for a first or second offense will result in an immediate <br />referral to the Ramsey County Attorney's Office for prosecution through the Juvenile Court <br />Division. <br /> <br />Subd. 5. Other individuals. Other individuals, other than minors as regulated by Subd. 4 of this <br />Section, found to be in violation of this Chapter, shall be charged an administrative fine of <br />$50. <br /> <br />Subd. 6. Defenses. It shall be an affirmative defense to a charge of selling tobacco or tobacco <br />related devices to a person under the age of eighteen (18) years in violation of this Section that <br />the licensee 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 /> <br /> <br />512.12: SUSPENSION OR REVOCATION: <br /> <br />Subd. 1. In addition to any other penalty imposed under Section 512.11, any license issued under <br />this Chapter may be suspended or revoked by the City Council for a violation of any provision <br />of this Chapter if the licensee has been given a reasonable notice and an opportunity to be <br />heard. A second violation within twelve (12) months of the initial violation shall result in a <br />suspension of not less than three (3) consecutive days. A third violation within twenty four (24) <br />months of the initial violation shall result in a suspension of ten (10) consecutive days. A fourth <br />violation within twenty four (24) months of the initial violation shall result in revocation of <br />license for ninety (90) consecutive days, and shall require a hearing before the City Council. <br /> <br />Subd. 2. Hearing and Notices. Suspension or revocation of a license shall be preceded by a hearing <br />before the City Council. A hearing notice shall be delivered to the licensee at least ten (10) days <br />prior to the hearing. The hearing notice shall state the time and place of the hearing and the <br />nature of the charges against the licensee. Judicial appeal shall be as provided for by state law. <br /> <br />512.13: EXCEPTIONS: Nothing in this Chapter shall prevent the providing of tobacco, <br />tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part <br />of a lawfully recognized religious, spiritual, or cultural ceremony.