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(4) Statutory penalties. If the administrative penalty for violations against licensed retailers under Section 11(B)(1) authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail. § 115.011 EXCEPTIONS AND DEFENSES. (A) Religious, spiritual, or cultural ceremonies or practices. Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco-related devices to any person as part of a lawfully recognized religious, spiritual, or cultural ceremony. (B) Reasonable reliance. It shall be an affirmative defense to the violation of this subchapter for a person to have reasonably relied on proof of age as described by state law. (Prior Code, § 111.056) § 115.012 SMOKING PROHIBITED. Smoking is prohibited, and no person shall smoke in a public place; in a public place, outdoor as herein defined; at a public meeting; in a place of employment; or in public transportation. §115.013. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. §115.014. Effective Date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 375.51, subd. 3, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. (Prior Code, § 111.059) (Ord. 2011-01, passed 4-26-2011; Ord. 2012-01, passed 1-24- 2012; Ord. 2014-02, passed 9-3-2014; Ord. 2019-09, passed 10-8-2019; Ord. 2023-06, passed 11-28-2023) Penalty, see § 115.999 Commented [WA12]: This ensures that if the state changes its penalties to exceed those of the jurisdiction, the higher of the penalty prevails. Commented [WA13]: Placeholder, Willow discuss with Katie. Commented [WA14]: A severability clause is important because it ensures that if for any reason one provision of the ordinance were to be challenged in court and struck down the remainder of the ordinance would remain in effect. Commented [WA15]: Including an effective date ensures that state law notice requirements are met and provides clarity for when the new or amended sections will go into effective. 31