Laserfiche WebLink
3. Illegal Use. It shall be a violation of this ordinance for <br />any minor to smoke, chew, sniff, or otherwise use any tobacco, <br />tobacco product, or tobacco related device. <br /> <br />4. Illegal Procurement. It shall be a violation of this <br />ordinance for any minor to purchase or attempt to purchase or <br />otherwise obtain any tobacco, tobacco product, or tobacco related <br />device, and it shall be a violation of this ordinance for any <br />person to purchase or otherwise obtain such items on behalf of a <br />minor. It shall further be a violation for any person to coerce <br />or attempt to coerce a minor to illegally purchase or otherwise <br />obtain or use any tobacco, tobacco product, or tobacco related <br />device. This subdivision shall not apply to minors lawfully <br />involved in a compliance check. <br /> <br />5. Use of False Identification. It shall be a violation of <br />this ordinance for any minor to attempt to disguise his or her <br />true age by the use of a false form of identification, whether <br />the identification is that of another person or one on which the <br />age of the person has been modified or tampered with to represent <br />an age older than the actual age of the person. <br /> <br />708.22 - PENALTIES. <br /> <br />1. Licensees. Any licensee found to have violated this <br />ordinance, or whose employee has violated this ordinance, shall <br />be charged an administrative penalty of $75 for a first <br />violation of this ordinance; $200 for a second offense at the <br />same licensed premises within a twenty-four (24) month period; <br />and $250 for a third or subsequent offense at the same location <br />within a twenty-four (24) month period. In addition, after the <br />third offense, the license shall be suspended for not less than <br />seven (7) days. <br /> <br />2. Other Individuals. Other individuals, other than minors, <br />found to be in violation of this ordinance shall be charged an <br />administrative penalty of $50. <br /> <br />3. Minors. Minors found in unlawful possession of, or who <br />unlawfully purchase or attempt to purchase tobacco, tobacco <br />products or tobacco related devices, shall be charged an <br />administrative penalty of fifty dollars ($50) and/or be required <br />to complete tobacco related education classes, diversion <br />programs, or community services. <br /> <br />4. Notice. No penalty or suspension may take effect until the <br />licensee or other individual has received notice served <br />personally by mail, of the alleged violation and of the <br />opportunity for an administrative hearing pursuant to Section <br />708.24 of this ordinance. <br /> <br /> 5. Misdemeanor. Nothing in this Section shall prohibit the <br />city from seeking prosecution as a misdemeanor for any alleged <br />violation of this ordinance. If the City elects to seek <br />misdemeanor prosecution, such action shall not prohibit an <br />administrative penalty from also being imposed. <br /> <br /> <br />