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3. For the third violation of this Chapter within any five (5) year period, a fine of Fifteen Thousand Dollars ($15,000) and a forty-five (45) day suspension. 4. Admission that the violation occurred and an acknowledgement that the violation will be considered in determining the fine or penalty for any future violations. 9.32.2000 .0 Sale of Tobacco Products from or self-service displays. Tobacco stores may have self-service displays of Tobacco Products only when in compliance with the Stop Tobacco Access to Kids Enforcement Act (STAKE) in Cal. Business and Professions Code §§22950-22963, and other applicable federal and state laws. 9.32.210080 Possession by minors of Tobacco Products in public places prohibited and free distribution of Tobacco Product samples prohibited. A. No person under 211-8 years of age shall distribute or possess any tobacco accessories, tobacco product sample, or tobacco product, in any city park or facility, public property, or private property open to the public. These restrictions are in addition to California Penal Code Sections 308 and 308b, as amended. 1. Persons in violation may have any tobacco accessories, tobacco product sample, or tobacco product in their possession confiscated by an officer or official. For persons under 18, items confiscated may be released to a parent or guardian; for persons over 18 but under 21, items confiscated may be released to a designated person over 21. 2. There shall be no fine or criminal prosecution for any violation of this possession prohibition. 3. Persons who have violated this Subsection A two (2) or more times in the prior twelve (12) month period may be referred by the Police Department to a counseling program or tobacco cessation program in the reasonable discretion of the Chief of Police. B. No person in the business or otherwise distributing cigarettes or other tobacco products for commercial purposes shall in the course of such business distribute, or direct, authorize, or permit any agent or employee to distribute: (1) any tobacco product sample; or (2) coupons, certificates, or other written material which may be redeemed for tobacco products and/or tobacco accessories without charge or for a nominal charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building. 9.32.220 Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect. - - - - - -- - - - - -- - •- - - - - - - - = 12