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F. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled,the <br /> time and place of which shall be provided to the accused violator. <br /> G. Hearing Officer. Such hearing shall be held before the City Council and shall be open to the public. <br /> H. Appeals. Any appeal of the decision of the City Council must be filed with the District Court within <br /> 10 days of the mailing of the City Council's decision. <br /> I. Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking prosecution as <br /> a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor <br /> prosecution, no administrative monetary penalty shall be imposed. If the City elects to seek <br /> misdemeanor prosecution, the City is not precluded from suspending or revoking the license of a <br /> licensee as provided by Subd. 14. <br /> J. Continued Violation. Each violation,and every day in a violation occurs or continues,shall constitute <br /> a separate offense. <br /> Subd. 14. Penalties. <br /> A. Licensees. If any licensee, or an employee of a licensee, is found to have violated this section or a <br /> Minnesota statute in conformity therewith,the licensee shall be assessed an administrative penalty of <br /> $75 and the violating employee will be required to successfully complete a tobacco education program. <br /> Licensees with a second offense within a 24 month period,shall be assessed an administrative penalty <br /> of$200. <br /> Licensees with a third violation within a 24 month period shall be assessed an administrative penalty <br /> of$250. Licensees with three or more violations within a 24 month period shall have their tobacco <br /> license suspended for not less than seven days. <br /> B. Clerks and Other Individuals. Clerks and other individuals,other than minors regulated by subdivision <br /> three of this subsection,found to be in violation of this ordinance,shall be charged an administrative <br /> penalty of$50 for each violation. <br /> C. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a <br /> misdemeanor for any violation of this ordinance,or from enforcing any other applicable state or federal <br /> law or regulation in addition to or instead of any civil enforcement remedy that may be available under <br /> this Ordinance. <br /> Subd. 15. Exceptions and Defenses. <br /> Nothing in this ordinance shall prevent the providing of tobacco,tobacco products,or tobacco related devices <br /> as part of a lawfully recognized religious,spiritual,or cultural ceremony. It shall be an affirmative defense to <br /> the violation of this ordinance for a person to have reasonably relied on proof of age as described by State law. <br /> Subd. 16. Severability and Saving Cause.. <br /> If any provision of this section shall be found unconstitutional or otherwise invalid or enforceable by a court <br /> of competent jurisdiction,that finding shall not serve as an invalidation or affect the validity and enforceability <br /> of any other provision of this section. <br /> VIOLATION A MISDEMEANOR. Every person violates a Section,Subdivision,Paragraph of this Ordinance <br /> when they perform an act thereby prohibited or declared unlawful,or fails to act when such failure is thereby <br /> prohibited or declared unlawful,or fails to act when such failure is thereby prohibited or declared unlawful,and <br /> upon conviction thereof, shall be punished as a misdemeanor,except as otherwise stated in specific provision <br /> hereof. <br /> This Ordinance shall become effective upon passage and seven days after publication. <br /> 6 <br />