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to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The <br />decision of the hearing officer is final, subject to an appeal as described in §111.0565, division (A)(5) of <br />this section. <br /> <br />(4)(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district <br />court having jurisdiction over the city. <br /> <br />(5)(6) Gross mMisdemeanor prosecution. Nothing in this section shall prohibit the city from <br />seeking prosecution as a gross misdemeanor for any alleged violation of this subchapter ordinance by a <br />person 21 years of age or older. If the city elects to seek gross misdemeanor prosecution, no <br />administrative penalty shall be imposed. <br /> <br />(6)(7) Continued violation. Each violation and each day in which a violation occurs or continues, <br />shall constitute a separate offense. <br /> <br />(B) (1) Licensees. Any licensee found to have violated this ordinance, or whose employee violated <br />this ordinance, will be charged an administrative fine of [ $200 ] for a first violation; [ $500 ] for a second <br />offense at the same licensed premises within a 24-month period; and [ $750 ] for a third or subsequent <br />offense at the same location within a 24-month period. Upon the third violation, the license will be <br />suspended for a period of not less than [ 30 ] consecutive days. Upon a fourth violation, the license will <br />be revoked.Any licensee or employee found to have violated this subchapter, shall be charged a gross <br />misdemeanor. <br /> <br />(2) Other individuals. IOther individuals, other than persons under the age of 21 regulated <br />and who are not minors regulated by division (B)(3) of this sectionbelow, who are found to be in violation <br />of this subchapter shall be charged an administrative fine of $50. <br /> <br />(3) Persons under the Age of 21Minors. Persons under the age of 21 who use a false <br />identification to purchase or attempt to purchase licensed products may only be subject to non-criminal, <br />non-monetary civil penalties such as tobacco-related education classes, diversion programs, community <br />services, or another penalty that the city determines to be appropriate. The City will consult with court <br />personnel, educators, parents, children and other interested parties to determine an appropriate penalty <br />for persons under the age of 21 in the city. The penalty may be established by ordinance and amended <br />from time to time. Minors found in unlawful possession of, or who unlawfully purchase or attempt to <br />purchase tobacco, tobacco products, or tobacco related devices, shall be remanded to the custody of their <br />parents and required to attend and complete tobacco related diversion programs. <br />(3) <br /> <br /> Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as <br />a misdemeanor for any violation of this ordinance by a person 21 years of age or oldersubchapter. <br /> <br />§ 111.056 EXCEPTIONS AND DEFENSES <br /> <br />(A) Religious, Spiritual, or Cultural Ceremonies or Practices. <br />(B) <br />(A) Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco <br />related devices to any person minor as part of a lawfully recognized religious, spiritual, or cultural <br />ceremony. <br /> <br />(C)(B) Reasonable Reliance. It shall be an affirmative defense to the violation of this subchapter <br />for a person to have reasonably relied on proof of age as described by state law. <br />98