CC PACKET 03222011 - Laserfiche WebLink

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52 (2) To smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device; (3) To purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device; and/or (4) To attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (B) Illegal acts by others. It shall be unlawful to any person: (1) To purchase or otherwise obtain any tobacco, tobacco product, or tobacco related devices on behalf of a minor; and/or (2) To coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. (1993 Code, § 510.12) Penalty, see § 10.99 § 111.056 VIOLATIONS. (A) (1) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. (2) Hearings. If a person who has been issued a citation, requests a hearing, it shall be scheduled and the time, date and place shall be published and provided to the accused violator. (3) Hearing Officer. The Police Chief shall serve as the hearing officer. (4) Decision. If the hearing officer determines that a violation did occur, that decision, as well as the hearing officer's reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds ground for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator. (5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court having jurisdiction over the City. (6) Gross misdemeanor prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a gross misdemeanor for any alleged violation of this subchapter. If the City elects to seek gross misdemeanor prosecution, no administrative penalty shall be imposed. (7) Continued violation. Each violation and each day in which a violation occurs or continues, shall constitute a separate offense. (1993 Code, § 510.13) (B) (1) Licenses. Any licensee or employee found to have violated this subchapter, shall be charged a gross misdemeanor.