A. Licensees: Any licensee found to have violated this chapter or whose employee shall have violated this chapter shall be charged an administrative fine pursuant to the schedule found at Minnesota State Statutes, section 461.12, subdivision 2, as amended, with the reference to "18 years" in said statute to be changed to "21 years" for purposes of this chapter.
B. Individuals: Individuals found to be selling tobacco, tobacco products, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery devices to persons under twenty one (21) years of age in violation of this chapter shall be charged an administrative fine as set forth by State Statute 461.12, subdivision 3, as amended, with the reference to "18 years" in said statute to be changed to "21 years" for purposes of this chapter.
C. Persons Under The Age Of Twenty One: Persons under the age of twenty one (21) who use a false identification to purchase or attempt to purchase tobacco, tobacco products, tobacco related devices, electronic delivery devices, or nicotine or lobelia delivery devices may only be subject to a non-criminal, non- monetary penalty, including but not limited to: civil tobacco- related education classes, diversion programs, community services, or another penalty that the City believes will be appropriate and effective. The City Attorney will consult with the courts, to determine an appropriate penalty for persons under the age of twenty one (21) in the City. The penalty may be established by ordinance and amended from time to time.
D. Misdemeanor And Other Prosecution: Nothing in this section shall prohibit the City Attorney or County Attorney from seeking prosecution as a misdemeanor against any person twenty one (21) years and older for any violation of this chapter, or from enforcing any other applicable State or Federal law or regulation in addition to or instead of any civil enforcement remedy that may be sought under this chapter.
E. Penalties Reviewed Annually: Penalties in this section may be annually reviewed. (Ord. 536, 11-20-2018, eff. 3-1-2019)