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Ordinance No. 068 Tobacco and Nicotine Regulation
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Ordinance No. 068 Tobacco and Nicotine Regulation
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ADM 05000
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ORDINANCES
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2. Illegal Possession. It shall be unlawful for any person under the age of 21 years to have in their <br />possession any licensed product unless such person is lawfully engaged in a compliance check <br />under this Ordinance. <br />3. Illegal Use. It shall be unlawful for any person under the age of 21 years to smoke, chew, sniff, or <br />otherwise use any licensed product. <br />4. Illegal Procurement. It shall be unlawful for any person under the age of 21 years to purchase or <br />attempt to purchase or otherwise obtain any licensed product and it shall be unlawful for any <br />person to purchase or otherwise obtain such items on behalf of a person under the age of 21 years. <br />Further, it shall be unlawful for any person to coerce or attempt to coerce a person under the age of <br />21 years to illegally purchase, attempt to purchase, or otherwise obtain or use any licensed <br />product. This Section shall not apply to persons lawfully involved in a compliance check under <br />this Ordinance. <br />5. False Identification. It shall be unlawful for any person under the age of 21 years to attempt to <br />disguise their true age by the use of any false form of identification, whether the identification is <br />that of another person or one upon which the age of the person has been modified or tampered <br />with to represent an age older than the actual age of the person. <br />Section 10. <br />1. Violations. The following procedures shall be implemented regarding alleged violations of this Ordinance, <br />should the City elect to proceed with an administrative violation: <br />1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be <br />issued, either personally or by mail, a citation that sets forth the alleged violation and which shall <br />inform the alleged violator of their right to be heard on the accusation. <br />2. Hearings. If a Person accused of violating this Ordinance so requests, a hearing before the City of <br />Gem Lake Council shall be scheduled, the time and place of which shall be published and <br />provided to the accused violator. <br />3. Findings. If the City of Gem Lake Council finds that a violation of this Ordinance did occur, that <br />decision, along with the Council's reasons for finding a violation and the penalty to be imposed <br />under Section 11. of this Ordinance, shall be recorded in writing, a copy of which shall be <br />provided to the accused violator. If the Council finds that no violation has occurred or finds <br />grounds for not imposing any penalty, such findings shall be recorded, and a copy provided to the <br />acquitted accused violator. <br />4. Appeals. Appeals of any Findings made in accordance with Section 10.1.3. shall be filed in <br />Ramsey County district court for the jurisdiction of the City in which the alleged violation <br />occurred. <br />5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking <br />prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek <br />misdemeanor prosecution, no administrative penalty shall be imposed. <br />6. Continued Violation. Each violation and every day in which a violation occurs or continues to <br />occur shall constitute a separate violation. <br />Section 11. <br />1. Administrative Penalties. Any Person who violates the provisions of this Ordinance which prescribe that <br />certain action is unlawful and in violation of this Ordinance shall be subject to the following penalties: <br />Ordinance No. 68 Tobacco Regulation <br />
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