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<br />3. "Individually packaged" means any package containing <br />only one individually wrapped item. Included are <br />single packs of cigarettes, single bags of tobacco for <br />rolling, individual cans of tobacco for chewing or <br />sniffing. Not included are cartons containing two or <br />more individually packaged packs of cigarettes or <br />similar packages containing multiple cans or containers <br />of tobacco suitable for smoking chewing or sniffing. <br /> <br />4. "Appeal notice" means if the City Manager suspends a <br />license the Manager shall send to the licensee by <br />certified mail, return receipt requested, written <br />notice of the action and the right to appeal. The <br />aggrieved party may appeal the decision of the City <br />Manager within ten (10) days of receiving notice of the <br />city's action. The filing of an appeal stays the action <br />of the City Manager in suspending or revoking a license <br />until the City Council makes a final decision. <br /> <br />l04.030. Tobacco Related Products - Prohibited Sales. <br /> <br />No person shall sell or give away any tobacco related product to <br />any person under the age of eighteen (18) years. No person shall <br />sell or dispense any tobacco product through the use of a vending <br />machine; and, it shall be unlawful for any person to offer for <br />sale any individually packaged tobacco product by means of self- <br />service merchandising. All sales must be made in such a manner <br />that requires the vendee to specifically ask for the tobacco <br />product and all other sales are unlawful. The person who sells <br />the tobacco product must require identification if he has any <br />reason to believe that the proposed purchaser is less than 18 <br />years of age. <br /> <br />104.040 License Revocation. <br /> <br />A licensee's license shall be revoked if the licensee, or the <br />licensee's employee is found at a specific location to have sold <br />tobacco related products to a person under the age of 18. For <br />the first offense there will be a two day suspension, a second <br />offense occurring within a twelve month period will result in a <br />thirty day suspension and a third offense in a twelve month <br />period will result in the license to sell tobacco products being <br />suspended. <br /> <br />104.050 Procedure for License Revocation. <br /> <br />The Manager shall conduct a due process hearing on all complaints <br />of selling tobacco products to those under 18 years of age. The <br />Manager shall send a notice by certified mail not less than ten <br />days, nor more than thirty days before the hearing. If the <br />Manager determines that a violation has taken place after the due <br />process hearing he shall order suspension as provided in Section <br />104.040. <br /> <br />2 <br />