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<br />, <br /> <br />345.13 <br /> <br />Penalties. <br /> <br />Subd. 1 Licensees and Emplovees. Any licensee, and any employee of a licensee, <br />found to have violated this ordinance shall be charged an administrative fine which shall be <br />determined by resolution of the City Council for a first violation of this ordinance; for a <br />second offense at the same licensed premises within a twenty-four month period; and/or <br />a third or subsequent offense at the same location within a twenty-four month period. A <br />fine shall be determined by resolution of the City Council. In addition, after the third <br />offense, the license shall be suspended for not less than seven days. <br /> <br />Subd. 2 Other Individuals. Other individuals, other than minors regulated by <br />subdivision 3 of this subsection, found to be in violation of this ordinance shall be <br />charged an administrative fee set by resolution of the City Council. <br /> <br />Subd. 3 Minors. Minors found in unlawful possession of, or who unlawfully <br />purchase or attempt to purchase, tobacco, tobacco products, or tobacco related <br />devices shall be charged an administrative fee set by City Council resolution and will <br />be subjected to 20 hours of community service. <br /> <br />Subd. 4 Misdemeanor. Nothing in this Section shall prohibit the City from seeking <br />prosecution as a misdemeanor for any violation of this ordinance. <br /> <br />345.14 Exceptions and Defenses. Nothing in this ordinance shall prevent the providing <br />of tobacco, tobacco products, or 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 the <br />violation of this ordinance for a person to have reasonably relied on proof of age as described <br />by State law. <br /> <br />345.15 Severability and Savings Clause. If any section or portion of this ordinance <br />shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent <br />jurisdiction, that finding shall not serve as a invalidation or effect the validity and enforceability <br />of any other section or provision of this ordinance. <br /> <br />Section 2. Effective Date. This ordinance shall take effect the day following <br />publication in the city's official newspaper. <br /> <br />Mayor Tom Wilharber <br /> <br />Attest: <br /> <br />Ry-Chel Gaustad, City Clerk <br />