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§ 111.10 REVOCATION HEARING.
    Revocation or suspension of a license shall be preceded by a hearing before the City Council. A hearing notice shall be given to the licensee at least ten days prior to the hearing. The notice shall include the time and place of the hearing and shall state the nature of the charge against the licensee.
(Ord. 212, passed 10-15-2019)
§ 111.11 EXCEPTIONS AND DEFENSES.
   (A)   Religious, spiritual, or cultural ceremonies or practices. Nothing in this chapter shall prevent the providing of tobacco or tobacco-related device to any person as part of an indigenous practice or lawfully recognized religious, spiritual or cultural ceremony or practice.
   (B)   Reasonable reliance. It shall be an affirmative defense to the violation of this chapter for a person to have reasonably relied on proof of age as described by state law.
(Ord. 212, passed 10-15-2019)
§ 111.12 VIOLATIONS.
   (A)    Notice. A person violating this chapter may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number.
   (B)   Hearings.
      (1)   Upon issuance of a citation, a person accused of violating this chapter may request in writing a hearing on the matter. Hearing requests must be made within ten days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within ten days of the issuance of the citation will terminate the person’s right to a hearing.
      (2)   A designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten days prior to the hearing.
   (C)   Hearing Officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing.
   (D)   Decision. A decision will be issued by the hearing officer within ten days of the hearing. If the hearing officer determines that a violation of this chapter did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in this section.
   (E)   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, must be paid by the person requesting the hearing.
   (F)   Appeals. Appeals of any decision made by the hearing officer must be filed in County District Court within ten days of the date of the decision.
   (G)   Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(Ord. 212, passed 10-15-2019)
§ 111.99 ADMINISTRATIVE PENALTIES.
   (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)