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Tobacco Retailer or Manufacturer has: <br />made a public statement or claim that the Tobacco Product imparts a <br />Characterizing Flavor; <br />2. used text and/or images on the Tobacco Product's Labeling or Packaging to <br />explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing <br />Flavor; or <br />3. taken action directed to consumers that would be reasonably expected to cause <br />consumers to believe the Tobacco Product imparts a Characterizing Flavor. <br />9.31.040 Inspection by officials. <br />Any and all investigating officials of the city shall have the right to enter a Tobacco Retailer's <br />business site from time to time during regular business hours to make reasonable inspections <br />to observe and enforce compliance with state or federal laws, provisions of this chapter, and <br />provisions of the municipal code. <br />9.31.050 Penalties. <br />A. Violations of this chapter are subject to administrative citation pursuant to Chapter <br />1.24. <br />B. The City may enforce this chapter by any other legal remedies. <br />9.31.060 Severability. <br />If any provision or clause of this chapter or the application thereof to any person or <br />circumstance is held to be unconstitutional or otherwise invalid by any court of competent <br />jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications <br />thereof which can be implemented without the invalid provision, clause or application, and to <br />this end the provisions and clauses of this chapter are declared to be severable. <br />// <br />5 <br />