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Ordinance 2012-004 <br />Subd. 3. The third violation within 24 months shall subject licensee, at licensee's <br />option, to the payment of an administrative fine of $1,000 and a seven (7) business <br />day suspension or a thirty day suspension of the license and an administrative fine <br />of $250; <br />Subd. 4. The fourth violation within 24 months shall subject licensee to a revocation <br />of the license for a one-year period. <br />The imposition of an administrative fine and suspension of a license or to a license <br />revocation pursuant to this section shall be preceded by a hearing before the City Council, <br />unless the license holder elects to waive its right to a public hearing. Licensees, whose <br />licenses have been revoked, shall not be eligible for another Tobacco Product License for <br />one year from the date of license revocation <br />350.12 Hearing. The imposition of an administrative fine and/or a suspension of license, <br />unless the suspension is requested by licensee, shall be preceded by a hearing before the <br />City Council. <br />350.13 Exceptions and Defenses. Nothing in this section shall prevent the providing of <br />tobacco, tobacco products, tobacco -related devices to a minor as part of a lawfully <br />recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to <br />the violation of this section for a person to have reasonably relied on proof of age as <br />described by state law. <br />350.14 License Requirements. A license shall comply with all applicable regulations of the <br />State of Minnesota relating to the sale or dispensing of tobacco products. If there is a <br />conflict between the regulations of the State and regulations of the City, the more <br />restrictive regulations shall control. <br />Page 13 of 14 <br />