(A) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(B) City penalties.
(1) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged a city fine as set out in § 10.98. In addition, after the third offense, the license shall be suspended for not less than seven consecutive days.
(2) Other individuals. Other individuals, other than minors regulated by division (B)(3), below, found to be in violation of this chapter shall be charged a city fine as set forth in § 10.98.
(3) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery device or nicotine or lobelia delivery devices, shall be subject to an city fine, or may be subject to tobacco-related education classes, diversion programs, community services, or another penalty that the city believes will be appropriate and effective. The city fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This city fine or other penalty may also be established from time to time by the ordinance establishing fees and charges, as it may be amended from time to time.
(4) Statutory penalties. If the city penalties authorized to be imposed by M.S. § 461.12, as it may be amended from time to time, differ from those established in this section, then the statutory penalties shall prevail.
(Ord. 388, passed 11-5-2018)
Cross-reference:
Fine amounts, see § 10.98