Loading...
(A) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation.
(B) Hearings. If a person accused of violating this chapter so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
(C) Hearing procedure. The Council will approve appointment of an Appeal Board.
(D) Decision.
(1) 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 § 116.99, shall be recorded in writing, a copy of which shall be provided to the accused violator.
(2) Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator.
(E) Appeals. Appeals of any decision made by the hearing officer shall be filed in the District Court for the jurisdiction of the city in which the alleged violation occurred.
(2006 Code, § 6.40) (Ord. 114A, 3rd Series, passed 1-2-1988) Penalty, see § 116.99
(A) Nothing in this chapter shall prevent the providing of tobacco, tobacco products, tobacco-related devices or electronic delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony.
(B) 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.
(2006 Code, § 6.40) (Ord. 114A, 3rd Series, passed 1-2-1988)
(A) General penalties.
(1) Licenses. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fee as set by M.S. § 461.12, subds. 2 and 3, for a first violation of this chapter; as set by M.S. § 461.12, subds. 2 and 3 for a second offense at the same licensed premises within a 24-month period; and as set by M.S. § 461.12, subds. 2 and 3 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days.
(2) Other individuals. Other individuals, other than minors regulated by division (A)(3) below, found to be in violation of this chapter shall be charged an administrative fee as set by M.S. § 461.12, subds. 2 and 3.
(3) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco-related devices, shall be handled by the criminal justice system.
(4) Misdemeanor. Nothing in this chapter shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this chapter.
(1) Misdemeanor prosecution. Nothing in this chapter shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(2) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense,
(2006 Code, § 6.40) (Ord. 114A, 3rd Series, passed 1-2-1988)