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WOE third or subsequent offense at the same location within a - -month period. In addition., after the third offense, the license shall be suspended for not less than seven days. (b) Other Persons Other dividu.als, other than minors, found to be In violation of this article shall be charged an administratve penalty of (c) moors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco- related devices shall be prosecuted according to state law and be required to complete tobacco-related education cusses, diversion programs, or community services. (d) Notice. No penalty or suspension may take effect undl the licensee or other individual has received notice, served personally by ma fl, of the a.fleged vlolafion and of the opportunity for a heap g pursuant to Chapter 38 Article IL (e) Prosecution of violation as misdemeanor. Nothing M this section. shall prohibit the city from see dng prosecution as a rr sdemean,or for any alleged violation of this article or state laver. If the city elects to seek misdemeanor prosecution,, such action shall not prohibit an adm�stradve penalty from also be imposed. Any person violating any provision of this ordinance or of any other law shal be guilty of a rMsdemean.or, and upon conviction shall by subject to the penalties for a misdemeanor as prescribed by state law. Each day a violation continues shah be considered a separate rmsdemeanor offense punishable by a separate rr sdemea or penalty, A fine or sentence unposed does not affect the tight of the city to suspend or revoke the license of the licensee as the Council deems appropr ate. Secs. 9.6-74 to 26-90. Reserved. Passed and adopted b dae i Council of the City o Elk River this � p y A day o£ , .. . Steph ru'e Klin zin , g A ST- w Tea Mardi City Clerk .\Ad r�r�stratlon I..lccnses\To arco\Ordinance Am ndmern 2001 Ordinance Final Tobacco IMay 09.doc