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Attachment B <br /> <br />(B)If a hearing is requested, it will be conducted in accordance with the <br />Administrative Procedure Act, Minn. Stat. §§ 14.57 to 14.70. The <br />Council will issue written findings on the alleged violation and an <br />order imposing sanctions, if any. <br /> <br />(C)If the licensee/seller and the City Manager agree on the violation and <br />the administrative penalty, a written admission will be provided to <br />the Council with a proposed order. For first and second violations, <br />the matter will be scheduled as part of the consent agenda, and it is <br />expected that the Council will generally issue the proposed order <br />without discussion. Nevertheless, the Council may choose to <br />schedule the matter for special Council review and action. The City <br />must provide at least ten (10) days’ notice to the licensee/seller <br />before this review is conducted. Any violations beyond the second <br />violation must be scheduled for a hearing before the Council. <br /> <br />706.130 Exceptions and Defenses. Nothing in this chapter shall prevent the <br />providing of tobacco, tobacco-related devices, to a person under 21 as part <br />of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be <br />an affirmative defense to the violation of this chapter for a person to have <br />reasonably relied on proof of age as described by state law. <br /> <br />706.140 Severability. If any section or provision of this ordinance is held invalid, <br />such invalidity shall not affect other sections or provisions which can be <br />given force and effect without the invalidated section or provision. <br /> <br />706.150 Effective Date. This ordinance becomes effective on the date of its <br />publication, or upon the publication of a summary of the ordinance as <br />provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time <br />to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as <br />it may be amended from time to time. <br /> <br />Adoption Date: Passed by the City Council of the City of Shoreview on the 21st day of <br />September, 2020. <br /> <br />Effective Date: This ordinance shall become effective the day following its <br />publication in the City’s official newspaper. <br /> <br />Publication Date: Published on the _____ of __________, 2020. <br /> <br /> <br /> <br /> <br /> Sandra C. Martin, Mayor <br /> <br />