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Sec. 5.12.145. Exceptions and Defenses. (A)Religious, spiritual, or cultural ceremonies or practices. Nothing in this ordinance prevents the provision of tobacco or tobacco-related devices to any person as part of an indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. (B) Reasonable reliance. It is an affirmative defense to a violation of this ordinance. For a person to have reasonably relied on proof of age as described by state law. Sec. 5.12.150. Violations and Penalties. (a)Notice. Upon discovery of a suspected violation of this article, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his right to be heard on the accusation. (b)Hearings. If a person accused of violating this article so requests within thirty days of receipt of a citation, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Failure to file an appeal within thirty days of the citation shall constitute a waiver of the person's right to a hearing. (c) Hearing officer. The city council shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 5.12.130, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e)Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred. (g) Continued violation. Each violation of this article, and every day in which a violation occurs or continues, shall constitute a separate offense. (Ord. No. 164 2nd series, § 1300, 12-8-1997; Ord. No. 178 3rd series, § 4, 10-10- 2016) 236900v1 Page 8 of 10