(A) Penalty to sell.
(1) Whoever sells tobacco, tobacco products or tobacco-related devices to a person under the age of 18 years in violation of this chapter is guilty of a misdemeanor for the first violation. Whoever violates this division (A) a subsequent time within five years of a previous conviction under this division (A) is guilty of a gross misdemeanor.
(2) It is an affirmative defense to a charge under this division (A) if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in M.S. § 340A.503, as it may be amended from time to time.
(B) Other offenses.
(1) Whoever furnishes tobacco, tobacco products or tobacco-related devices to a person under the age of 18 years in violation of this chapter is guilty of a misdemeanor for the first violation. Whoever violates this division (B) a subsequent time is guilty of a gross misdemeanor.
(2)
A person under the age of 21 years who purchases or attempts to purchase tobacco, tobacco products or tobacco-related devices and who uses a driver’s license, permit, Minnesota identification card or any type of false identification to misrepresent the person’s age in violation of this chapter is guilty of a misdemeanor.
(3) Except as otherwise set forth in this section, any violation of this chapter shall be a misdemeanor.
(C) Petty misdemeanor. Except as otherwise provided in division (B) above, whoever possesses, smokes, chews or otherwise ingests, purchases or attempts to purchase tobacco, tobacco products or tobacco-related devices and is under the age of 18 years is guilty of a petty misdemeanor.
(D) Suspension or revocation of license. In addition to any fine or other penalty, whether administrative, civil or criminal, a violation of this chapter shall be grounds for the suspension or revocation of any license issued thereunder. The penalties set forth in M.S. § 461.12, as it may be amended from time to time, shall be deemed the minimum administrative penalties to be imposed for violation of this chapter. No suspension, revocation or other penalty, except as provided in divisions (A), (B) or (C) above, may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and had an opportunity for a hearing. The City Council, at its discretion, may designate an independent hearing officer to:
(1) Issue notice of hearing, request the attendance and testimony of witnesses and production of evidence relevant to said matter;
(2) Take evidence; and
(3) Transmit findings and a report of the evidence and hearing, together with recommendations to the City Council for action thereon.
(Ord. 2002-5, passed 3-12-2002; Ord. 2020-04, passed 2-11-2020)