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<br /> . (a) The first such violation within twenty-four (24) months shall subject the licensee <br /> to the payment of an administrative fine of $200. <br /> (b) The second violation within twenty-four (24) months shall subject the licensee to <br /> the payment of an administrative fine of$500. <br /> (c) The third violation within twenty-four (24) months shall subject the licensee, at <br /> licensee's option, to the payment of an administrative fine of $1 ,000 or to a <br /> minimum seven (7) business day suspension of thc license. The licensee shall <br /> notify the City Administrator in writing within ten (10) days of the date specified <br /> in the license violation notice if licensee selects a license suspension option or <br /> shall otherwise remit the administrativc fine to the City within such time period. <br /> (d) The fourth violation within twenty-four (24) months shall subject the licensee to <br /> the payment of an administrative fine of$l, 500 and to a minimum seven (7) <br /> business day suspension of the license. <br /> Section 13.5-12. Hearing. <br /> The imposition of an administrative fine and/or a suspension of license, unless the <br /> suspension is requested by licensee, shall be preceded by a hearing before the City <br /> CounciL <br /> . Section 13.5-13. Exceptions and Defenses. <br /> Nothing in this ordinance shall prevent the providing of tobacco, tobacco related devices <br /> to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony. It <br /> shall be an affirmative defense to tlle violation of this ordinance for a person to have <br /> reasonably relied on proof of age as described by state law. <br /> Section 13.5-14. Severability and Savings Clause. <br /> If any section or portion of this ordinance shall be found unconstitutional or otherwise <br /> invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve <br /> as an invalidation or effect the validity and enforcability of any other section or provision <br /> of this ordinance. <br /> Effcctive Date. <br /> This ordinance shall become effective tbe day following its publication or the day <br /> following thc publication of an ordinance summary approved by the City Council in the <br /> City's official newspaper. <br /> . <br />
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