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participate in a diversion program and/or complete <br />certain community services. <br /> <br />(ii) Any person who sells any tobacco product to a <br />person under the age of 18 years is subject to an <br />administrative penalty. The city council shall impose <br />administrative penalties as follows: <br /> <br />First violation: <br />fine of $500. <br /> <br />The city council shall impose a civil <br /> <br />Second violation within 12 months: <br />shall impose a civil fine of $750. <br /> <br />The city council <br /> <br />Third violation within 12 months: The city council shall <br />impose a civil fine of $1,000. <br /> <br />(b) <br /> <br />Administrative Civil Penalties; Licensee. If a licensee <br />or an employee of a licensee is found to have sold <br />tobacco to a person under the age of 18 years, the <br />licensee shall be subject to an administrative penalty as <br />follows: <br /> <br />First violation: The city council shall impose a civil <br />fine of $500 and/or suspend for a period of ten days. <br /> <br />Second violation within 12 months: The city council <br />shall impose a civil fine of $750 and/or suspend for a <br />period of 30 days. <br /> <br />Third violation within 12 months: The city council shall <br />impose a civil fine of $1,000 and/or suspend for a period <br />of one year. <br /> <br />(c) <br /> <br />Misdemeanors. Nothing in this Section shall prohibit the <br />City from seeking prosecution as a misdemeanor for any <br />violation of this ordinance. <br /> <br />Section 1400 Exceptions and Defenses. Nothing in this ordinance <br />shall prevent the providing of tobacco, tobacco products, or <br />tobacco related devices to a minor as part of a lawfully recognized <br />religious, spiritual, or cultural ceremony. It shall be an <br />affirmative defense to the violation of this ordinance for a person <br />to have reasonably relied on proof of age as described by State <br />law. <br /> <br />Section 1500 Severability and Savings Clause. If any section or <br />portion of this ordinance shall be found unconstitutional or <br />otherwise invalid or unenforceable by a court of competent <br />jurisdiction, that finding shall not serve as an invalidation or <br />effect the validity and enforceability of any other section or <br />provision of this ordinance. <br /> <br />9 <br /> <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I, <br />! <br />! <br />! <br /> <br />1 <br />! <br /> <br /> <br />