(A) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine of $100 for a first violation of this chapter; $200 for a second offense at the same licensed premises within a 24-month period; $400 for a third, and $750 for each offense thereafter at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days.
(B) Other individuals. Other individuals, other than minors regulated by division (C) below, found to be in violation of this chapter shall be charged an administrative fee of $100.
(C) Minors. Minors found in unlawful possession of or who unlawfully purchase, or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be subject to an administrative 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 administrative 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 administrative fine or other penalty may also be established from time to time by city ordinance.
(D) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter.
(E) Statutory penalties. If the administrative 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. passed 1-8-2019)