(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)