(A) Violations.
(1) 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 15 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.
(2) Hearings.
(a) 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 15 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 15 business days of the issuance of the citation will terminate the person’s right to a hearing.
(b) The City Administrator or other designated city officer shall set the time and place for the hearing within 45 days from receipt of the request. Written notice of the hearing time and place shall be mailed or delivered to the accused violator at least 15 business days prior to the hearing.
(3) Hearing Officer. The City Council shall designate a Hearing Officer. The Hearing Officer must be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
(4) Decision. A decision shall be issued by the Hearing Officer within 30 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 division (B) below, 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.
(5) 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.
(6) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(B) Administrative penalties.
(1) Licensees. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine of $100 for a first violation; $200 for a second offense at the same licensed premises within a 24-month period; and $400 for a third or subsequent offense at the same location within a 24-month period. In addition, upon a third violation, the license shall be suspended for not less than five consecutive days and up to 60 days. Upon a fourth violation, the license shall be revoked.
(2) Other individuals. Other individuals, other than persons regulated by § 111.03(C) of this chapter, found to be in violation of this chapter shall be charged an administrative fine consistent with the administrative fine schedule.
(3) Underage persons. Any person under the age of 21 years found in unlawful possession of or who unlawfully purchase or attempt to purchase licensed products 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 the City Council upon 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 may be 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.
(C) Misdemeanor prosecution. Nothing in this chapter shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(2002 Code, § 4.14) (Ord. 44, Second Series, effective 7-1-1974; Ord. 75, Fourth Series, effective 7-1-1995; Ord. 90, Sixth Series, effective 3-12-2009; Ord. 41, Seventh Series, effective 5-9-2016; Ord. 91, Seventh Series, passed 9-16-2019)