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<br />To have in his or her possession any tobacco, tobacco product, or tobacco related device, or <br />electronic delivery device except as permitted in § 111.054; <br /> <br />To smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device, or <br />electronic delivery device; and <br /> <br />To purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco <br />related device, or electronic delivery device; and/or <br /> <br />To 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 modified <br />or tampered with to represent an age older than the actual age of the person. <br /> <br />Illegal acts by others. It shall be unlawful to any person: <br /> <br />To purchase or otherwise obtain any tobacco, tobacco product, tobacco related device, or electronic <br />delivery device on behalf of a minor; and/or <br /> <br />To coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, <br />tobacco product, tobacco related device, or electronic delivery device. <br /> <br /> <br />§ 111.0556 VIOLATIONS AND PENALTIES.. <br /> <br />(A) (1) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either <br />personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged <br />violator of his or her right to a hearing on the matter and how and where a hearing may be requested, <br />including a contact address and phone number. be heard on the accusation. <br /> <br />(2) Hearings. <br /> <br />(a) Upon issuance of a citation, a person accused of violating this ordinance may request <br />in writing a hearing on the matter. Hearing requests must be made within 10 business <br />days of the issuance of the citation and delivered to the City Clerk or other designated <br />city officer. Failure to properly request a hearing within 10 business days of the issuance <br />of the citation will terminate the person’s right to a hearing. <br /> <br />(b) The City Clerk or other designated city officer will set the time and place for the <br />hearing. Written notice of the hearing time and place will be mailed or delivered to the <br />accused violator at least 10 business days prior to the hearing. If a person who has been <br />issued a citation, requests a hearing, it shall be scheduled and the time, date and place <br />shall be published and provided to the accused violator. <br /> <br />(2)(3) Hearing officer. The Police Chief or designee shall serve as the hearing officer. <br /> <br />(3)(4) Decision. If the hearing officer determines that a violation did occur, that decision, along <br />with the s well as the hearing officer’s reasons for finding a violation and the penalty to be imposed under <br />this section, shall be recorded in writing, a copy of which shall be provided to the city and the accused <br />violator by in -person delivery or mail as soon as practicable. If the hearing officer finds that no violation <br />occurred or finds ground for not imposing any penalty, the findings shall be recorded and a copy provided <br />97