(A) In addition to the administrative penalties applicable under this chapter, any person 21 years of age or older who sells, gives, or otherwise furnishes a licensed product to a person under the age of 21 is guilty of a petty misdemeanor for the first violation and is guilty of a misdemeanor for each violation occurring within 5 years of the previous conviction.
Upon discovery of a suspected violation of this chapter the police may issue a citation to the suspected violator.
(B) The license holder shall be responsible for the conduct of its agents or employees while on the licensed premises. Any violation of this chapter shall be considered an act of the license holder for purposes of imposing an administrative penalty, license suspension or revocation. Each violation, and everyday in which a violation occurs or continues, shall constitute a separate offense.
(1) Notice of violation. Upon the occurrence of a suspected violation, the Police Department shall inform the City Administrator of the suspected violation. The City Administrator shall then send to the license holder or violator a written notice of the civil violation. The notice shall advise the license holder of the penalty and the license holder’s right to request a hearing regarding the violation of this chapter pursuant to the section on the hearing on denial or violation.
(2) Administrative penalties.
(a) Each license issued hereunder shall be subject to administrative penalty, and/or license suspension or revocation for violation of any provisions of this chapter or the laws of the State of Minnesota as follows:
1. The first violation of this chapter shall be punishable by a civil penalty of $300.
2. A second violation of this chapter at the same location within 36 months shall be punishable by a civil penalty of $600.
3. A third or subsequent violation of this chapter at the same location within 36 months after the initial violation shall be punishable by an administrative penalty of $1,000 and suspension of the license for not less than 7 days and may be revoked.
4. No suspension, revocation, or other penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for hearing pursuant to § 113.99(C)(1) herein.
(b) Any individual who sells, gives, or otherwise furnishes tobacco, tobacco products or tobacco-related devices to any person under the age of 21 years may 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 pursuant to § 113.99(C)(1) herein.
(3) Any administrative penalty under § 113.99(B)(2) herein, license suspension or revocation or combination thereof does not preclude criminal prosecution under this chapter or M.S. § 609.685. If criminal prosecution under this chapter is sought, a civil penalty shall not be imposed.
(4) Any person who purchases or attempts to purchase tobacco, tobacco products or tobacco-related devices and is under the age of 21 years may be charged an administrative penalty of $50. The Council may also send notice of such violation to the violator’s parents or school or order the violator to attend tobacco free education programs or other court diversion programs or to perform appropriate community service.
(C) Penalties for use of false identification and/or purchase or attempts to purchase a licensed product by a person under the age of 21 shall be subject to a civil penalty determined by law enforcement and court system representatives from time-to-time pursuant to M.S. §§ 609.685 through 609.6855 and 461.12, subd. 4.
(D) Following receipt of a notice of denial issued under notice of a violation and penalty, an applicant or license holder may request a hearing before the Council.
(1) Hearing. A request for a hearing shall be made by the applicant or license holder in writing and filed with the City Administrator within 20 days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the Council. If a committee of the Council conducts the hearing, it shall report its findings and make a recommendation to the full Council.
(2) Findings. If after the hearing the applicant or license holder is found ineligible for a license, or in violation of this chapter, the Council may affirm the denial, impose a fine, issue a suspension or revocation, or impose any combination thereof as set forth in the section on violations and penalties. The findings shall be set forth in writing and provided to the individual, applicant or license holder.
(3) Default. If the applicant or license holder has been provided written notice of the denial or violation and if no request for a hearing is filed within the 20 day period, then the denial, penalty, suspension or revocation shall take immediate effect by default. The City Administrator shall mail notice of the denial, fine, suspension or revocation to the applicant or license holder. The City Police shall investigate compliance with the suspension or revocation.
(E) It is an affirmative defense to a charge under this chapter if the license holder proves by a preponderance of the evidence that the license holder reasonably and in good faith relied on proof of age as described in M.S. Chapter 340A.503, subd. 6, in making the sale.
(Prior Code, § 6.32) (Am. Ord. 2, Second Series, passed 2-12-1998; Am. Ord. 2020-05, passed 9-21-2020)