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(2) Other individuals. Other individuals and who are not minors regulated by division <br />(B)(3) below, found to be in violation of this subchapter shall be charged an administrative fine of <br />$50. <br />(3) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt <br />to purchase tobacco, tobacco products, or tobacco related devices, shall be remanded to the <br />custody of their parents and required to attend and complete tobacco related diversion programs. <br />(4) Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution <br />as a misdemeanor for any violation of this subchapter. <br />(1993 Code, § 510.14) <br />(C) Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and <br />tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural <br />ceremony. It shall be an affirmative defense to the violation of this subchapter for a person to <br />have reasonable relied on proof of age as described by state law. <br />(1993 Code, § 510.14) Penalty, see § 10.99 <br />§ 111.057 SPECIFIC OPERATIONAL STANDARDS. <br />It shall be unlawful for the lighting, inhalation or combination thereof of tobacco, tobacco <br />products, or tobacco related devices for the purpose of testing or sampling a tobacco product prior <br />to the sale of such product. <br />Effective Date. This ordinance shall become effective as of the date of its publication. <br />First Reading: March 22, 2011 <br />Second Reading: <br />Adopted: <br />Mayor <br />ATTEST: <br />City Clerk <br />Publish: St. Anthony Bulletin <br />7 <br />53 <br />