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4. Illegal Procurement. It shall be unlawful for any person under the age of 21 years Minor to <br />purchase or attempt to purchase or otherwise obtain any Tobacco, Tobacco Product, or <br />Tobacco Related Devicelicensed product and it shall be unlawful for any pPerson to purchase <br />or otherwise obtain such items on behalf of a person under the age of 21 yearsMinor. Further, <br />it shall be unlawful for any person to coerce or attempt to coerce a person under the age of 21 <br />years Minor to illegally purchase, attempt to purchase, or otherwise obtain or use any <br />Tobacco, Tobacco Product, or Tobacco Related Devicelicensed product. This Section shall not <br />apply to Minors persons lawfully involved in a compliance check under this Ordinance. <br />5. False Identification. It shall be unlawful for any person under the age of 21 years Minor to <br />attempt to disguise their true age by the use of any false form of identification, whether the <br />identification is that of another person or one upon which the age of the person has been <br />modified or tampered 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 <br />Ordinance, 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 <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 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 <br />City of Gem Lake Council shall be scheduled, the time and place of which shall be published <br />and provided to the accused violator. <br />3. Findings. If the City of Gem Lake Council finds that a violation of this Ordinance did occur, <br />that decision, along with the Council’s reasons for finding a violation and the penalty to be <br />imposed under Section 11. of this Ordinance, shall be recorded in writing, a copy of which <br />shall be provided to the accused violator. If the Council finds that no violation has occurred or <br />finds grounds for not imposing any penalty, such findings shall be recorded and a copy <br />provided to the 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 <br />seek misdemeanor prosecution, no administrative penalty shall be imposed. <br />6. Continued Violation. Each violation and every day in which a violation occurs or continues <br />to occur shall constitute a separate violation. <br />Section 11. <br />1. Administrative Penalties. Any Person who violates the provisions of this Ordinance which prescribe <br />that certain action is unlawful and in violation of this Ordinance shall be subject to the following <br />penalties: <br />1. Licensees. Any Licensee and any employee of the Licensee found to have violated this <br />Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee <br />Schedule,of Seventy-Five ($75.00) Dollars for a first violation of this Ordinance; Two- <br />Hundred ($200.00) Dollars for a second offense at the same premises of the licensed Retail <br />Establishment within a twenty-four (24) month period; and, Two-Hundred Fifty ($250.00) <br />Dollars and a license suspension of not less than seven (7) days for each subsequent offense <br />at the same premises of a licensed Retail Establishment within a twenty -four (24) month