A. Revocation Or Suspension: Any violation of this chapter shall be grounds to revoke or suspend a license.
B. Criminal Penalty: In addition to the criminal penalties set forth in Minnesota statutes, the following shall constitute a criminal violation of this chapter:
1. It shall be a misdemeanor for an underage person to use, purchase, attempt to purchase, or possess tobacco products. This section shall not apply to an underage person who purchases or attempts to purchase tobacco products while under the direct supervision of a responsible adult for training, education, research, or enforcement purposes.
C. Administrative Civil Penalties; License Holder: 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 a civil penalty, license suspension, or revocation. Each violation, and every day 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 or designee shall then send to the license holder a written notice of the civil violation. The notice shall advise the license holder of the civil penalty and the license holder's right to request a hearing regarding the violation of this chapter pursuant to section 3-6-8 of this chapter.
2. Civil Penalties: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the state of Minnesota as follows:
a. First Violation: The first violation of this chapter shall be punishable by a civil penalty of three hundred dollars ($300.00).
b. Second Violation: A second violation of this chapter within any thirty-six (36) month period shall be punishable by a civil penalty of six hundred dollars ($600.00).
c. Third Violation: A third violation of this chapter within any thirty-six (36) month period shall be punishable by a civil penalty of one thousand dollars ($1,000.00) and a suspension of the license for seven (7) consecutive days.
d. Subsequent Violation: A fourth or subsequent violation of this chapter within any thirty six (36) month period may be punishable by revocation of the license. If the license is not revoked, the punishment shall not be less than that provided under subsection C2c of this section. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of two (2) license years after the revocation.
3. Criminal Prosecution: Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes section 609.685.
D. Administrative Civil Penalties; Employees of Licensees and Other Individuals. An individual who violates this chapter may be charged an administrative penalty of $50.
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 or designee shall then send to the individual a written notice of the civil violation. The notice shall advise the individual of the civil penalty and the license holder's right to request a hearing regarding the violation of this chapter pursuant to section 3-6-8 of this chapter.
2. Criminal Prosecution: Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes section 609.685. (Ord. 777, sec. 1, 12-20-2004; amd. Ord. 870, 9-20-2010; Ord. 944, 7-6-2015; Ord. 966, 6-20-2016; Ord. 1062, 2-7-2022)