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1998-03-12 Packet
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1998-03-12 Packet
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<br />otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This <br />subdivision shall not apply to minors lawfully involved in a compliance check. <br /> <br />Subd. 5 Use of False Identification. It shall be a violation of this ordinance for any <br />minor to attempt to disguise his or her true age by the use of a false form of identification, <br />whether the identification is that of another person or one on which the age of the person <br />has been modified or tampered with to represent an age older than the actual age of the <br />person. <br /> <br />345.12 <br /> <br />Violations. <br /> <br />Subd. I Notice. Upon discovery ofa suspected violation, the alleged violator shall <br />be issued, either personally or by mail, a citation that sets forth the alleged violation and <br />which shall inform the alleged violator of his or her right to be heard on the accusation. <br /> <br />Subd. 2 Hearings. If a person accused of violating this ordinance so requests, a <br />hearing shall be scheduled, the time and place of which shall be published and provided <br />to the accused violator, their parent or legal guardian. <br /> <br />Subd. 3 Hearings Officer. The City of Centerville City Council shall serve as the <br />hearing officer. <br /> <br />Subd. 4 Decision. If the hearing officer determines that a violation of this <br />ordinance did occur, the decision, along with the hearing officer's reasons for finding <br />a violation and the penalty to be imposed under Section 345.13 of this ordinance, shall <br />be recorded in writing, a copy of which shall be provided to the accused violator, their <br />parent or legal guardian. Likewise, if the hearing officer finds that no violation occurred <br />or finds grounds for not imposing any penalty, such findings shall be recorded and a copy <br />provided to the acquitted accused violator, their parent or legal guardian. <br /> <br />Subd. 5 Appeals. Appeals of any decision made by the hearing officer shall be <br />filed in the district court for the city in which the alleged violation occurred <br /> <br />Subd. 6 Misdemeanor Prosecution. Nothing in this Section shall prohibit the City <br />from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. <br />If the City elects to seek misdemeanor prosecution, no administrative penalty shall be <br />imposed. <br /> <br />Subd. 7 Continued Violation. Each violation, and every day in which a violation <br />occurs or continues, shall constitute a separate offense. ' <br />
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