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127 <br />128 <br />129 <br />130 <br />131 <br />132 <br />133 <br />134 <br />135 <br />136 <br />137 <br />138 <br />139 <br />140 <br />141 <br />142 <br />143 <br />144 <br />145 <br />146 <br />147 <br />148 <br />149 <br />150 <br />151 <br />152 <br />153 <br />of self- service merchandizing. All sales must be made in such a manner that requires the vendee to <br />specifically ask for the tobacco product and all other sales are unlawful. (Ord. 1133, 1- 24 -94) <br />306.05: IDENTIFICATION: <br />Any person who sells a tobacco product must require identification if such person has any reason to <br />believe that the purchaser is less than 18 years of age. (Ord. 1133, 1- 24 -94) <br />306.06: VIOLATIONS: <br />A. Misdemeanors: Any person who violates this Chapter shall be guilty of a misdemeanor. <br />B. Penalty for Noncompliance: In addition to any criminal penalties which may be imposed by a court <br />of law, the City Manager may suspend or revoke a license on a finding that the license holder or its <br />employee has failed to comply with this Chapter. <br />C. Minimum Penalty: In no event shall a penalty be less than: <br />1. For a first violation, the mandatory minimum penalty shall be the administrative penalty imposed <br />pursuant to City Code Section 102.01C. <br />2. For a second violation in 12 months the mandatory minimum penalty shall be suspension for two <br />days. <br />3. For a third violation in 12 months the mandatory minimum penalty shall be suspension for five <br />days. <br />D. Hearing and Notice: Revocation or suspension of a license shall be preceded by a hearing before the <br />City Manager. A hearing notice shall be given at least ten days prior to the hearing, including notice <br />of the time and place of the hearing and shall state the nature of the charges against the licensee. <br />(Ord. 1133, 1- 24 -94) <br />306.07: APPEAL: <br />The aggrieved party may appeal the decision of the City Manager within ten days of receiving notice of <br />the City's action. The filing of an appeal stays the action of the City Manager in suspending or revoking <br />a license until the City Council makes a final decision. The City Council may modify the suspension or <br />revocation. (Ord. 1133, 1- 24 -94) <br />Page 5 of 5 <br />