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<br />e <br /> <br />e <br /> <br />e <br /> <br />(a) <br /> <br />The first such violation within twenty-four (24) months shall subject the licensee <br />to the payment of an administrative fine of $200. <br /> <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 /> <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 the 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 administrative fine to the City within such time period. <br /> <br />(d) The fourth violation within twenty-four (24) months shall subject the licensee to <br />the payment of an administrative fine of $1, 500 and to a minimum seven (7) <br />business day suspension of the license. <br /> <br />Section 13.5-12. Hearing. <br /> <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 /> <br />Section 13.5-13. Exceptions and Defenses. <br /> <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 the violation of this ordinance for a person to have <br />reasonably relied on proof of age as described by state law. <br /> <br />Section 13.5-14. Severability and Savings Clause. <br /> <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 /> <br />Effective Date. <br /> <br />This ordinance shall become effective the day following its publication or the day <br />following the publication of an ordinance summary approved by the City Council in the <br />City's official newspaper. <br />