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<br /> Created: 2021‐07‐21 11:43:46 [EST]
<br />(Supp. No. 28)
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<br />Page 3 of 6
<br />fee. Fines shall be paid within 60 days of the time of issuance of the notice. The penalty shall be made
<br />payable to "The City of Hugo" and may be paid in person or by mail.
<br />(d) Alternative Penalties. Law enforcement and court system representatives shall consult, as applicable, with
<br />interested persons, including but not limited to parents, guardians, educators, and persons under the age of
<br />21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this article.
<br />Consulting participants shall consider a variety of alternative civil penalties including but not limited to
<br />tobacco‐free education programs, community service, court diversion programs, and tobacco cessation
<br />programs, and for persons under the age of 18 years, notice to schools and to parents or guardians.
<br />Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.
<br />Sec. 38‐48. Responsibility.
<br />All licensees under this article shall be responsible for the actions of their employees in regard to the sale of
<br />tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices on the licensed
<br />premises, and the sale of such an item by an employee shall also be considered a sale by the license holder, and
<br />each can be held responsible for any criminal and/or civil penalties imposed herein.
<br />(Ord. No. 2012‐463, § 1, 3‐5‐2012)
<br />Sec. 38‐49. Compliance checks and inspections.
<br />All licensed premises shall be open to inspection by the city police, county sheriff's officers or other
<br />authorized city official during regular business hours. From time to time, but at least once per year, the city shall
<br />conduct compliance checks by engaging minors persons at least 17 years of age, but under the age of 21, to enter
<br />the licensed premises to attempt to purchase tobacco, tobacco products, tobacco‐related devices, or nicotine or
<br />lobelia delivery devices Minors. Persons used for the purpose of compliance checks shall not be guilty of unlawful
<br />possession of tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices when
<br />such items are obtained as a part of the compliance check. Retail establishments possessing a class A license shall
<br />be subject to at least two compliance checks per year.
<br />(Ord. No. 2012‐463, § 1, 3‐5‐2012)
<br />Sec. 38‐50. Prohibited sales.
<br />It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product,
<br />tobacco‐related device, or nicotine or lobelia delivery devices:
<br />(1) To any person under the age of 18 21 years.
<br />(2) By means of any type of vending machine. This subsection does not apply to vending machines in
<br />facilities that cannot be entered at any time by persons younger than 18 21 years of age.
<br />(3) As a single package of cigarettes or smokeless tobacco in open displays that are accessible to the public
<br />without the intervention of a store employee.
<br />(4) By means of "loosies" as defined in section 38‐45 of this article.
<br />(5) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other type of
<br />a deleterious, hallucinogenic, or toxic or controlled substance, except nicotine, and not naturally found
<br />in tobacco or tobacco products.
<br />(6) By any other means or to any other person, prohibited by federal, state or other local law, ordinance
<br />provision, or other regulation.
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