(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provisions of § 111.02, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative penalty of $250 must be imposed and the licensee’s authority to sell tobacco at that location must be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the city to conduct the hearing.
(M.S. § 461.12(2))
(2) An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the city to conduct the hearing.
(M.S. § 461.12(3))
(3) It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 years in violation of § 111.02 that the licensee or individual making the sales relied, in good faith, upon proof of age as follows:
(a) A valid driver’s license or identification card issued by the state, another state or a province of Canada and including the photograph and date of birth of the licensed person;
(b) A valid military identification card issued by the United States Department of Defense; and/or
(c) In the case of a foreign national from a nation other than Canada by a valid passport.
(Ord. passed 10-14-1997)