(A) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(B) Violations.
(1) Notice from the city; Right to hearing. A person allegedly in violation of 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 information on how and where a hearing may be requested, including a contact address and phone number.
(2) Request for hearing.
(a) Upon receipt of a citation, a person accused of violating this chapter may request a hearing on the matter by delivering a written request for an official hearing to Owatonna City Administrator, City of Owatonna, 540 West Hills Circle, Owatonna. MN 55060. The hearing request must be made within ten business days of the issuance of the citation. Failure to request a hearing within ten business days of the issuance of the citation will terminate the person's right to a hearing.
(b) The City Clerk-Treasurer or other designated city officer shall set the time and place for the hearing. Written notice of the hearing time and place shall be mailed or delivered to the accused violator at least ten business days prior to the hearing.
(3) Hearing officer. The City Administrator shall designate a person or persons to serve as the 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) The hearing officer will issue a written decision within ten business days of the hearing. If the hearing officer determines that a violation did occur, the decision will include the factual findings supporting the determination that a violation occurred together with an order providing the penalty to be imposed. The hearing officer shall file the original decision with the City Clerk-Treasurer and shall serve a copy upon the alleged violator either by personal service or certified mail within five days of filing with the City Clerk-Treasurer. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty the hearing officer shall file the original decision with the City Clerk-Treasurer and shall serve a copy upon the alleged violator either by personal service or certified mail within five days of filing with the City Clerk-Treasurer. The decision of the hearing officer is final subject to an appeal as provided in division (B)(5) of this section.
(b) Costs. If the citation is upheld by the hearing officer, the city's actual expenses in holding the hearing up to a maximum of $ 1,000 shall be paid by the person requesting the hearing.
(c) The decision of the hearing officer is final.
(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the Steele County District Court, Owatonna, Minnesota, within ten business days of the date of service upon the violator.
(6) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(C) 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 $200 for a first violation of this chapter; $500 for a second offense at the same licensed premises within a 12-month period; and for a third or subsequent offense at the same licensed premises within a 12-month period, the licensee shall be suspended for two years, at which time they will have to submit a remedial action plan. The city may waive the first administrative penalty if an age verification device is purchased and used by the licensee after a failed compliance check.
(2) Other individuals. Other individuals, other than person under age 21 regulated by division (C)(3) of this section, found to be in violation of this chapter shall be charged an administrative fine of $50.
(3) Persons under age 21. Persons under age 21 found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery device or nicotine or lobelia delivery devices, shall be referred to the Steele County Attorney's Office for its diversion program or prosecution.
(4) Statutory penalties. If the administrative penalties authorized to be imposed by Minn. Stat. § 461.12, as it may be amended from time to time, differ from those established in this section, then the statutory penalties shall prevail.
(Ord. 1593, passed 9-17-2019)