(A) Licensees.
(1) Any licensee found to have violated this chapter, or whose employee violated this chapter, will be charged an administrative fine of $200 for a first violation. Failure to pay the fine within 30 days from the date of invoice shall result in a two-day license suspension. A second violation within 12 months shall result in a fine of $500 and a five-day license suspension. Failure to pay the fine within 30 days from the date of the invoice shall result in an additional five-day license suspension. A third violation within 12 months, or for sales during a license suspension, shall result in license revocation. Licensees whose licenses have been revoked shall not be eligible for another tobacco product license for one year from the date of revocation. The City Council may attach reasonable conditions to the reinstatement of a revoked license.
(2) Other individuals. Individuals, other than persons under the age of 21 regulated by division (A)(3) of this section, who are found to be in violation of this chapter will be charged an administrative fine of $50.
(3) Persons under the age of 21. Persons under the age of 21 who violate this ordinance may only be subject to non-criminal, non-monetary civil penalties such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City Council will consult with court personnel, educators, parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and amended from time to time.
(4) Statutory penalties. If the administrative penalty authorized to be imposed by M.S. § 461.12, as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail.
(B) Misdemeanor prosecution. Nothing in this section prohibits the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance by any person age 21 or older.
(Ord. 212, passed 10-15-2019)