Agenda - Council - 09/24/2002 - Laserfiche WebLink

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do Administrative Civil Penalties; Individual Sellers. Any person who sells any tobacco product to a person Under the age of 18 years is subject to an administrative penalty, the city council shall impose administrative penalties as follows: 1. First Violation: The city council shall impose a civil fine of $500. 2. Second Violation within 12 months: The city council shall impose a civil fine of $750. 3. Third Violation within 12 months: The city council shall impose a civil fine of $1,000. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: 1. First Violation: The city council shall impose a civil fir~e of $500 and/or suspend for a period often days. 2. Second Violation within '12 months: The city council shall impose a civil fine of $750 and/or suspend for a period of 30 days. 3. Third Violation within 12 months: The city council shall impose a civil fine of $1,000 and/or suspend for a per/od of one year. Misdemeanors. Nothing in this Section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this section. 7.93.14 Exceptions and Defenses. Nothing in this section shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by State law. 7.93.15 Severability and Savings Clause. If any section or portion of this section shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that findings shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this section.