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Subd. 3 The third violation within 24 months shall subject licensee, at licensee's option, to the <br />payment of an administrative fine of $1,050 and a seven (7) business day suspension or a thirty <br />day suspension of the license and an administrative fine of $250; <br />Subd. 4 The fourth violation within 24 months shall subject licensee to a revocation of the <br />license for a one-year period. <br />The imposition of an administrative fine and suspension of a license or to a license revocation <br />pursuant to this section shall be preceded by a hearing before the City Council, unless the license <br />holder elects to waive its right to a public hearing. Licensees, whose licenses have been revoked, <br />shall not be eligible for another Tobacco Product License for one year from the date of license <br />revocation. <br />350.12 Hearing. <br />The imposition of an administrative fine and/or a suspension of license, unless the suspension is <br />requested by licensee, shall be preceded by a hearing before the City Council. <br />350.13 Exceptions and Defenses. <br />Nothing in this section shall prevent the providing of tobacco, tobacco products, tobacco -related <br />devices to a person under age 21 as part of a lawfully recognized religious, spiritual or cultural <br />ceremony. It shall be an affirmative defense to the violation of this section for a person to have <br />reasonably relied on proof of age as described by state law. <br />350.14 License Requirements. <br />A license shall comply with all applicable regulations of the State of Minnesota relating to the <br />sale or dispensing of licensed products. If there is a conflict between the regulations of the State <br />and regulations of the City, the more restrictive regulations shall control. (amended 3/26/07) <br />350.15 Severability Clause. <br />If any provision of this ordinance, or the application thereof to any person or circumstance, is <br />held invalid, such invalidity shall not affect any other provision of this ordinance that can be <br />given effect without the invalid provision or application. Each invalid provision or application of <br />this ordinance is severable. <br />SECTION 2. This Ordinance shall become effective 90 days after its passage and <br />publication according to law. <br />199122v1 <br />