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Nothing in this chapter shall prevent the providing of traditional tobacco or tobacco-related devices to a person under the age 21 as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law.
(Ord. 287, passed 9-3-2019)
(A) Notice. A person violating this chapter may be issued, either personally or by mail, a citation that sets forth the alleged violation, and that informs the alleged violator of his or her right to a hearing on the matter. The citation shall provide notice that a hearing must be requested within ten business days of receipt, and that hearing rights shall be terminated if a hearing is not promptly requested. The citation shall provide information on how, and where, a hearing may be requested, including a contact address and phone number.
(B) Hearings.
(1) Upon issuance of a citation, a person accused of violating this chapter may request, in writing, a hearing on the matter. Hearing requests must be made within ten business days of the issuance of the citation, and delivered to the City Administrator, or other designated city officer. Failure to request a hearing within ten business days of the issuance of the citation will terminate the person’s right to a hearing.
(2) The City Administrator, or other designated city officer, shall set the time and place for the hearing. Written notice of the hearing time and place shall be mailed, or delivered, to the accused violator at least ten business days prior to the hearing.
(C) Hearing Officer. The Hearing Officer, designed by the City Council, shall serve as the Hearing Officer. The Hearing Officer must be an impartial person retained by the city to conduct the hearing.
(D) Decision.
(1) A decision shall be issued by the Hearing Officer within ten business days. If the Hearing Officer determines that a violation of this chapter did occur, that decision, along with the Hearing Officer’s reasons for finding a violation and the penalty to be imposed under § 113.99, shall be recorded in writing, a copy of which shall be provided to the city and the accused violator by in person delivery or mail, as soon as practicable. Likewise, if the Hearing Officer finds that no violation occurred, or finds grounds for not imposing any penalty, those findings shall be recorded, and a copy provided to the city and the acquitted accused violator by in person delivery or mail, as soon as practicable.
(2) If the citation is upheld by the Hearing Officer, the city’s actual expenses in holding the hearing, up to a maximum of $1,000, shall be paid by the person requesting the hearing.
(3) The decision of the Hearing Officer is final.
(E) Appeals. Appeals of any decision made by the Hearing Officer shall be filed in the district court for the city in which the alleged violation occurred within ten business days.
(F) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(G) Administrative fines and penalties. The administrative fines or other penalties under § 113.99 may be established from time to time by the ordinance establishing fees and charges, as it may be amended from time to time.
(Ord. 287, passed 9-3-2019) Penalty, see § 113.99
(A) Any person violating any provisions of this chapter, for which no specific penalty is prescribed, shall be subject to § 10.99.
(B) Nothing in § 113.12 shall prohibit the city from seeking prosecution for persons 21 years of age and older as a misdemeanor for any alleged violation of this chapter.
(C) (1) Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine in an amount as set by Council from time to time for a first violation of this chapter; in an amount as set by Council from time to time for a second offense at the same licensed premises within a 24-month period; and in an amount as set by Council from time to time for a third or subsequent offense 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 consecutive days.
(2) Other individuals, other than persons 18 to 21 years, found to be in violation of this chapter shall be charged an administrative fine of in an amount as set by Council from time to time for a first violation of this chapter; in an amount as set by Council from time to time for a second offense within a 24-month period; and in an amount as set by Council from time to time for a third or subsequent offense.
(3) People under the age 18 found in unlawful possession of, or who unlawfully purchase or attempt to purchase, licensed products shall be subject to an administrative fine of in an amount as set by Council from time to time for a first violation of this chapter; in an amount as set by Council from time to time for a second offense; and in an amount as set by Council from time to time for a third or subsequent offense within a 24-month period, 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.
(4) 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 stronger of the penalties shall prevail.
(Ord. 287, passed 9-3-2019)