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Attachment D 387 3.Statutory penalties. If the administrative penalty authorized to be imposed by 388 Minn. Stat. § 461.12, as it may be amended from time to time, differ from that 389 established in this section, then the higher penalty will prevail. 390 C.Misdemeanor prosecution. Nothing in this section prohibits the city from seeking 391 prosecution as a misdemeanor for an alleged second violation of this ordinance by a 392 person 21 years of age or older within five years of a previous conviction under the 393 ordinance. 394 306. 10 Exceptions and Defenses: 395 Religious, Spiritual, or Cultural Ceremonies or Practices.Nothing in this ordinance prevents A. 396 the provision of tobacco or tobacco-related devices to any person as part of an indigenous 397 practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. 398 Reasonable Reliance.It is an affirmative defense to a violation of this ordinance for a person B. 399 to have reasonably relied on proof of age as described by state law. 400 306.11SEVERABILITY: 401 If any such provision of this Chapter, or the application thereof to any person or 402 circumstance, is held invalid, such invalidity shall not affect any other provision of this 403 ordinance that can be given effect without the invalid provision or application. Each invalid 404 provision or application of this ordinance is severable. (Ord. 1555, 6-18-2018) 405 306.12EFFECTIVE DATE: 406 This ordinance becomes effective on July 1, 2021, followingthe publication of a summary 407 of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from 408 time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may 409 be amended from time to time.