(A) Administrative penalties.
(1) Licensees. If a licensee or employee of a licensee violates any other provision of this subchapter, the licensee shall be charged an administrative penalty of $75. An administrative penalty of $200 must be imposed for a second 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, service 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.
(2) Other individuals. An individual who sells tobacco to a person under the age of 21 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.
(3) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco related devices, or nicotine or lobelia delivery 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 be established by ordinance and amended from time to time
(4) 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 higher penalties shall prevail.
(B) Notice. A person violating this subchapter 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.
(C) Hearings. Upon issuance of a citation, a person accused of violating this subchapter 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 Clerk 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. The City Clerk 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.
(D) Hearing officer. The City Council shall serve as the hearing officer or may designate an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(E) Decision. If the hearing officer determines that a violation of this subchapter did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, 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. The decision of the hearing officer is final.
(F) Costs. 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.
(G) Appeals. Appeals of any decision made by the hearing officer shall be filed in the Lyon County District Court within ten business days.
(H) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 2020-01, passed 2-18-2020)