(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)