(A) Notice. Upon discovery of a violation of this chapter, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusations shall be issued, either personally or by mail, upon the violator.
(B) Hearings. If a person accused of violating this chapter requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled. Notice of the time and place of the hearing shall be published and provided to the accused violator. The hearing shall be held not more than 21 days after the violator's request for a hearing.
(C) Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public.
(D) Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator.
(E) Appeals. The violator may appeal the decision made by the hearing officer to the district court.
(F) Continued violation. Each day which a violation occurs or continues, shall constitute a separate offense.
(G) Penalties.
(1) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative penalty in the amount mandated by M.S. Chapter 461 regulating the sale of tobacco, tobacco-related and electronic delivery devices, and nicotine and lobelia products. In addition, after the third offense, the license shall be suspended for a period of time not less than the duration mandated my M.S. Chapter 461.
(2) Other individuals. Other individuals who sell tobacco to a minor shall be charged an administrative penalty in the amount mandated by M.S. Chapter 461.
(H) Misdemeanor prosecution. A violation of any provision of this chapter shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed.
(Ord. 657, passed 6-10-99; Am. Ord. 1077, passed 8-13-20; Am. Ord. 1097, passed 8-12-21)