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24 -94) <br />306.04: PROHIBITED SALES: <br />No person shall sell or give away any tobacco related product to any person under the age of 18 <br />years, no person shall sell or dispense any tobacco product through the use of a vending machine, <br />and it shall be unlawful for any person to offer for sale any individually packaged tobacco related <br />product by means of self - service merchandizing. All sales must be made in such a manner that <br />requires the vendee to specifically ask for the tobacco product and all other sales are unlawful. <br />(Ord. 1133, 1- 24 -94) <br />306.05: INDOOR SMOKING PROHIBITED: <br />It shall be unlawful to light, inhale, exhale, or any combination thereof, of tobacco, tobacco <br />products, or tobacco related devices by any person in any retail establishment. (Ord. 1424, 02- <br />13 -12) <br />306.06: IDENTIFICATION: <br />Any person who sells a tobacco product must require identification if such person has any reason <br />to believe that the purchaser is less than 18 years of age. (Ord. 1133, 1- 24 -94) <br />306.07: 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 <br />a court of law, the City Manager may suspend or revoke a license on a finding that the <br />license holder or its 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 <br />imposed pursuant to City Code Section 102.01 C. <br />2. For a second violation in 12 months the mandatory minimum penalty shall be suspension <br />for two days. <br />3. For a third violation in 12 months the mandatory minimum penalty shall be suspension <br />for five days. <br />D. Hearing and Notice: Revocation or suspension of a license shall be preceded by a hearing <br />before the City Manager. A hearing notice shall be given at least ten days prior to the <br />hearing, including notice of the time and place of the hearing and shall state the nature of the <br />charges against the licensee. (Ord. 1133, 1- 24 -94) <br />306.08: APPEAL: <br />The aggrieved party may appeal the decision of the City Manager within ten days of receiving <br />notice of the City's action. The filing of an appeal stays the action of the City Manager in <br />suspending or revoking a license until the City Council makes a final decision. The City Council <br />may modify the suspension or revocation. (Ord. 1133, 1- 24 -94) <br />