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products, or tobacco related devises, shall be (option <br />includes fine, tobacco related education classes, diversion <br />programs, community services, or other penalty the City <br />believes will be appropriate and effective). (Note: The <br />state law requires the licensing authority to consult with <br />interested parties of the courts, educators, parents, and <br />children, to develop an appropriate penalty for minors in that <br />particular community. The penalty does not have to be in the <br />form of a fine. It could include tobacco related education <br />classes, diversion programs community services, or other <br />penalty the city believes will be appropriate and effective). <br />Subd. 4 Misdemeanor. Nothing in this Section shall prohibit <br />the City of Ramsey from seeking prosecution as a misdemeanor <br />for any violation of this ordinance. (Note: See Note in <br />Section 1200, subd. 6). <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 />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 />Section 1600 Effective Date. This ordinance shall take effect 30 <br />days after its passage and publication. (Note: Fill in the time <br />at which the ordinance will take effect. For example, unless <br />otherwise provided for in the ordinance or by city charter, <br />ordinances for cities take effect after publication). <br />PASSED by the City Council of the City of Ramsey, Minnesota, this <br />day of , 1997. <br />Mayor <br />ATTEST: <br />Acting City Administrator <br />Introduction Date: <br />Posting Dates: <br />Adoption Date: <br />Publication Date: <br />Effective Date: <br />11 1 <br />