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2024 05-14 PC PACKET
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2024 05-14 PC PACKET
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12/9/2025 8:09:17 AM
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12/9/2025 8:08:58 AM
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ADM 05000
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PLANNING PACKET
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period. In addition, Licensees are subject to penalties as determined in Minnesota State <br />Statute 461.12. <br />2. Other Individuals. Other individuals, other than persons under the age of 21 years Minors <br />regulated by Section 11.1.3, found in violation of this Ordinance shall be charged an <br />administrative fine, as determined by the City’s adopted Fee Schedule .of Fifty ($50.00) <br />Dollars. <br />3. Minors. Persons under the age of 21 years Minors found to have violated this Ordinance shall <br />be subject to an administrative fine of twenty (20) hours of community service approved by <br />the City for a first violation of this Ordinance; and, an administrative fine of forty (40) hours <br />of community service and completion of a tobacco related education or diversion program <br />approved by the City. <br />4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a <br />misdemeanor for any violation of this Ordinance. <br />2. Criminal Penalties. Any Person who violates any of the provisions of this Ordinance which prescribe <br />that certain action is unlawful and in violation of this Ordinance shall be guilty of a misdemeanor and, <br />upon prosecution and conviction thereof, shall be fined in an amount , not to exceed One Hundred <br />($100.00) Dollars or imprisonment of ten (10) days or both for a first violation of this Ordinance; and, <br />fined in an amount not to exceed Two-Hundred Fifty ($250.00) Dollarsas established by the City’s <br />adopted Fee Schedule, or imprisonment up to thirty (30) days or both for each subsequent violation <br />within a twenty-four (24) month period. Each violation and every day in which a violation occurs or <br />continues to occur shall constitute a separate violation. <br />Section 12. <br />1. Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing of Tobacco, Tobacco <br />Products, or Tobacco Related Deviceslicensed products to a Minor person under the age of 21 years as <br />part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative <br />defense to the violation of this Ordinance for a person to have reasonably relied upon proof of age as <br />described by State law. <br /> <br />Section 13. <br />3.1. Sepverability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of <br />this Ordinance are severable. If any provisions or the application thereof to any Person or <br />circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other <br />provisions of this Ordinance or the application of said provisions to any other Person not specifically <br />included in said determination. To this end, the provisions of this Ordinance and the various <br />applications thereto are declared to be severable. <br />Section 13.4. <br />1. Enactment and Effective Date. This Ordinance shall take effect and be in force from and after is <br />passage and publication.This Ordinance No. 68 was adopted by the City Council of the City of Gem <br />Lake on the 23rd day of February in the year 1998 and ordered to be placed in full force and effect <br />upon publication in the City’s legal publication, but not later than the 13 the day of March in the year <br />1998. <br /> <br /> <br />Dated: ______________________________________ <br /> <br /> <br />
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