(A) 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; $250 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 14consecutive days. Upon a fourth violation, the license shall be revoked.
(2) Other individuals. Other individuals, other than minors regulated by division (A)(3) of this section, found to be in violation of this chapter shall be charged an administrative fine of $50.
(3) Minors. Minors 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.
(B) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(Ord. 299, passed 6-20-2016)