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2012.03.05 ORD 2012-463
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2012.03.05 ORD 2012-463
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City Council
Document Type
Ordinances
Meeting Date
3/5/2012
Meeting Type
Regular
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Ordinance 2012-463 <br />Tobacco <br />(Prior Code, § 275-020) <br />Sec. 38-46. - Exceptions and defenses. <br />Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco - <br />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 article for a person to have <br />reasonably relied on proof of age as described by state law. <br />(Prior Code, § 275-130) <br />Sec. 38-47. - Violations and penalties. <br />(a)Criminal penalty. Any person, firm or corporation violating any of the provisions of this <br />article shall be guilty of a misdemeanor. <br />(b)Civil penalty. The provisions of chapter 42, article II, shall apply to any and all licenses <br />issued hereunder. If a retail establishment has its tobacco license suspended pursuant to a hearing <br />conducted under the provisions of chapter 42, article II, that retail establishment shall, during the <br />period of suspension, remove all tobacco, tobacco products and tobacco -related devices, and <br />nicotine or lobelia delivery devices away from public view. <br />(c)Schedule of offenses and penalties. Civil penalties shall be in the amount set forth in the <br />fee schedule. This amount shall be calculated as against all offenses occurring within a 24 - <br />consecutive month period from the date of the most recent violation. Any violation having <br />occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in <br />terms of imposing the fee. Fines shall be paid within 60 days of the time of issuance of the <br />notice. The penalty shall be made payable to "The City of Hugo" and may be paid in person or <br />by mail. <br />(Prior Code, §§ 130-080, 275-120; Ord. No. 2010-440, 2-1-2010) <br />Sec. 38-48. - Responsibility. <br />All licensees under this article shall be responsible for the actions of their employees in <br />regard to the sale of tobacco, tobacco products, tobacco -related devices, or nicotine or lobelia <br />delivery devices on the licensed premises, and the sale of such an item by an employee shall also <br />be considered a sale by the license holder, and each can be held responsible for any criminal <br />and/or civil penalties imposed herein. <br />(Prior Code, § 275-090) <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 <br />or other authorized city official during regular business hours. From time to time, but at least <br />once per year, the city shall conduct compliance checks by engaging minors to enter the licensed <br />3 <br />
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