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(1)Initial Violation. If a licensee or their employee violates any provision of this Article,the licensee <br /> shall be charged an administrative penalty. <br /> (2)Second Violation. If a licensee or their employee violates any provision of this Article twice at the <br /> same location within 24 months of the initial violation,the licensee shall be charged another administrative <br /> penalty. <br /> (3)Third Violation. If a licensee or their employee violates any provision of this Article for a third time at <br /> the same location within 24 months of the initial violation,the licensee shall be charged another <br /> administrative penalty and the license shall be suspended for seven days. <br /> (4) Violator. Any person who sells tobacco to a person under eighteen years of age shall be charged an <br /> administrative penalty. This penalty shall be in addition to the penalty charged under Section 15-65(1) <br /> through(3). <br /> (5)Affirmative Defense. It shall be an affirmative defense to a charge of selling tobacco to a person under <br /> eighteen years of age that the licensee or individual making the sale relied in good faith upon proof of age <br /> as evidenced by: <br /> A.A valid driver's license or identification card issued by the State,another state, <br /> or a province of Canada which includes the photograph and date of birth of the licensed person;or <br /> B.A valid military identification card issued by the United State Department of Defense;or <br /> C.In the case of a foreign national from a country other than Canada,a valid passport. <br /> (6)Referral. Any person under eighteen years of age who purchases,possesses,or consumes tobacco <br /> shall be referred to an appropriate social service agency and/or Ramsey County Juvenile Court.(Ord.No. <br /> 642,6-9-98; Code of 2001) <br /> Sec.15-66. Vending Machine Location. <br /> When a vending machine is used to sell or otherwise distribute tobacco,the vending machine shall not be <br /> located in an area that permits unrestricted access to the vending machine by a person who is under <br /> eighteen years of age. The licensee must maintain continuous observation and supervision of the use of <br /> the vending machine. (Ord.No.572, 12-12-89;Code of 2001) <br /> Secs.15-67--15-73.Reserved. <br /> 15-8 <br />