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Subd. 2. Illegal Use. It shall be a violation of this <br />Ordinance for any minor to smoke, chew, sniff, or otherwise <br />use any tobacco, tobacco product, or tobacco related device. <br />Subd. 3. Illegal Procurement. It shall be a violation <br />of this Ordinance for any minor to purchase or attempt to <br />purchase or otherwise obtain any tobacco, tobacco product, or <br />tobacco related device, and it shall be a violation of this <br />Ordinance for any person to purchase or otherwise obtain such <br />items on behalf of a minor. It shall also be a violation of <br />this Ordinance for any person to sell or otherwise provide any <br />tobacco, tobacco product or tobacco related device to any <br />minor, and it shall further be a violation for any person to <br />coerce or attempt to coerce a minor to illegally purchase or <br />otherwise obtain or use any tobacco, tobacco product, or <br />tobacco related device. This subdivision shall not apply to <br />minors lawfully involved in a compliance check on behalf of <br />the Citv. <br />Subd. 4. Use of False Identification. It shall be a <br />violation of this Ordinance for any minor to attempt to <br />disguise his or her true age by the use of a false form of <br />identification, whether the identification is that of another <br />person or one on which the age of the person has been modified <br />or tampered with to represent an age older than the actual age <br />of the person. This subdivision shall not apply to minors <br />lawfully involved in a compliance check on behalf of the City. <br />Section 50.120. Violations and Penalties. <br />Subd. 1. Criminal Penalty. Any person, firm or <br />corporation violating any of the provisions of this Ordinance <br />shall be guilty of a misdemeanor. Each violation and every <br />day in which a violation occurs or continues shall constitute <br />a separate offense. <br />Subd. 2. Civil Penalty. The provisions of City of Hugo <br />Civil Penalty Ordinance, Chapter 232, shall apply to any and <br />all licenses issued hereunder. If a retail establishment has <br />its tobacco license suspended pursuant to a hearing conducted <br />under the City's Civil Penalty Ordinance, that retail <br />establishment shall, during the period of suspension, remove <br />all tobacco, tobacco products and tobacco related devices away <br />from public view. <br />Section 50.130. Exceptions and Defenses. <br />Nothing in this Ordinance shall prevent the providing of <br />tobacco, tobacco products, or tobacco related devices to a minor as <br />part of a lawfully recognized religious, spiritual or cultural <br />ceremony. It shall be an affirmative defense to the violation of <br />Rev. 10/07/97 7 <br />