Ordinance No. 068 Tobacco and Nicotine Regulation

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1. Licensees. Any Licensee and any employee of the Licensee found to have violated this Ordinance shall be charged an administrative fine, as determined by the City's adopted Fee Schedule, and a license suspension of not less than seven (7) days for each subsequent offense at the same premises of a licensed Retail Establishment within a twenty-four (24) month period. In addition, Licensees are subject to penalties as determined in Minnesota State Statute 461.12. 2. Other Individuals. Other individuals, other than persons under the age of 21 years regulated by Section 11.1.3, found in violation of this Ordinance shall be charged an administrative fine, as determined by the City's adopted Fee Schedule. 3. Persons Under the Age of 21 Years. Persons under the age of 21 years found to have violated this Ordinance shall be subject to an administrative fine, as determined by the City's adopted Fee Schedule and twenty (20) hours of community service approved by the City for a first violation of this Ordinance; and, an administrative fine of forty (40) hours of community service and completion of a tobacco related education or diversion program approved by the City. 4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this Ordinance. 2. Criminal Penalties. Any Person who violates any of the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be guilty of a misdemeanor and, upon prosecution and conviction thereof, shall be fined in an amount, as established by the City's adopted Fee Schedule, or imprisonment up to thirty (30) days or both for each subsequent violation within a twenty-four (24) month period. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 12. 1. Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing licensed products to a person under the age of 21 years as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied upon proof of age as described by State law. Section 13. 1. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be severable. Section 14. 1. Effective Date. This Ordinance shall take effect and be in force from and after is passage and publication. Dated: Mav 21, 2024 APPROVED: G&C&, gl�-SweM4 - Gretchen Artig-Swomley, Mayor ATTEST: lWe X"1unw Melissa Lawrence, Acting City Clerk Ordinance No. 68 Tobacco Regulation