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<br />IV
<br />N
<br />PUBLIC PROTECTION
<br />schedule adopted by the city council at a regularly
<br />scheduled council meeting. In addition, after the
<br />second offense, the license shall be suspended for
<br />not less than three days. After the third offense,
<br />the license shall be suspended for not less than
<br />seven days.
<br />(b) Other individuals. Individuals, other than
<br />minors, found to be in violation of this article
<br />shall be charged an administrative fine pursuant
<br />to a penalty schedule determined by the city and
<br />published in the fee schedule adopted by the city
<br />council at a regularly scheduled council meeting.
<br />(c) Misdemeanor. Nothing in this section shall
<br />prohibit the city from seeking prosecution as a
<br />misdemeanor for any violation of this article.
<br />(Code 2003, § 50-33; Ord. No. 164(2nd series),
<br />§ 1400, 12-8-1997)
<br />Sec. 5.12.140. Purpose.
<br />Because the city recognizes that many persons
<br />under the age of 18 years purchase or otherwise
<br />obtain, possess and use tobacco, tobacco products
<br />and tobacco -related devices, and such sales, pos-
<br />session and use are violations of both state and
<br />federal laws; and because studies, which the city
<br />accepts, adopts and are on file at city hall, have
<br />shown that most smokers begin smoking before
<br />they have reached the age of 18 years and that
<br />those persons who reach the age of 18 years
<br />without having started smoking are significantly
<br />less likely to begin smoking; and because smok-
<br />ing has been shown to be the cause of several
<br />serious health problems which subsequently place
<br />a financial burden on all levels of government,
<br />this article shall be intended to regulate the sale,
<br />possession and use of tobacco, tobacco products
<br />and tobacco -related devices for the purpose of
<br />enforcing and furthering existing laws, to protect
<br />minors against the serious effects associated
<br />with the illegal use of tobacco, tobacco products
<br />and tobacco -related devices, and to further the
<br />official public policy of the state in regard to
<br />preventing young people from starting to smoke
<br />as stated in Minn. Stats. § 144.391.
<br />(Code 2003, § 50-34; Ord. No. 164(2nd series),
<br />§ 100, 12-8-1997)
<br />§ 5.12.170
<br />Sec. 5.12.150. Exceptions and defenses.
<br />Nothing in this article shall prevent the provid-
<br />ing of tobacco, tobacco products or tobacco -
<br />related devices to a minor as part of a lawfully
<br />recognized religious, spiritual or cultural
<br />ceremony. It shall be an affirmative defense to
<br />the violation of this article for a person to have
<br />reasonably relied on proof of age as described by
<br />state law.
<br />(Code 2003, § 50-35; Ord. No. 164(2nd series),
<br />§ 1500, 12-8-1997)
<br />State law reference —Proof of age as defense, Minn.
<br />Stats. §§ 340A.503, subd. 6, 461.12, subd. 6.
<br />Sec. 5.12.160. Billboards.
<br />Billboards advertising any tobacco, tobacco
<br />product or tobacco -related device shall be governed
<br />by chapter 6.12, article X, division 4.
<br />(Code 2003, § 50-36; Ord. No. 164(2nd series),
<br />§ 1100, 12-8-1997)
<br />Sec. 5.12.170. Prohibited sales.
<br />It shall be a violation of this article for any
<br />person to sell or offer to sell any tobacco, tobacco
<br />product or tobacco -related device:
<br />(1) To any person under the age of 18 years.
<br />(2) By means of any type of vending machine,
<br />except as may otherwise be provided in
<br />this article.
<br />(3) By means of self-service methods whereby
<br />the customer does not need to make a
<br />verbal or written request to an employee
<br />of the licensed premises in order to receive
<br />the tobacco, tobacco product or tobacco -
<br />related device and whereby there is not a
<br />physical exchange of the tobacco, tobacco
<br />product or tobacco -related device between
<br />the licensee or the licensee's employee,
<br />and the customer.
<br />(4) By means of loosies.
<br />(5) Containing opium, morphine, jimson weed,
<br />belladonna, strychnos, cocaine, marijuana
<br />or other deleterious, hallucinogenic, toxic
<br />or controlled substances, except nicotine
<br />and other substances found naturally in
<br />tobacco or added as part of an otherwise
<br />lawful manufacturing process.
<br />CD5:21
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