(A) Licensees. Any licensee found to have violated this chapter, or whose employees shall have violated this chapter, shall be charged an administrative fine of not less than $400 for a first violation of this chapter; not less than $800 for a second offense at the same licensed premises within a 36-month period; and not less than $1,000 for a third or subsequent offense at the same location within a 36-month period. In addition, with a fourth or subsequent offense within a 36-month period, the Finance Director shall suspend the license for not less than 30 days, and shall charge the licensee an administrative fine of not less than $2,000. Any violation of federal, state or local tobacco control laws or regulations may also subject the licensee to suspension or revocation of their tobacco license.
(B) Other individuals. Other individuals, other than minors regulated by division (C) below, found to be in violation of this chapter may be charged an administrative fine not to exceed $100 for a first violation of this chapter, and not to exceed $250 for a second offense, within a 36-month period.
(C) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products, tobacco-related devices or electronic delivery devices may be charged an administrative fine of at least $65 or shall be required to attend a tobacco-related education class, diversion program, community service, or another penalty that the county determines to be appropriate. The cost of such program shall be the responsibility of the minor attending the program.
(D) Payment of fines. Any administrative fines levied by the county pursuant to this section shall be paid within 30 days of the date of mailing for the citation or the hearing findings issued under §§ 110.070 through 110.074 of this chapter.
(E) Persons under the age of 21. Persons under the age of 21 who use false identification to purchase or attempt to purchase licensed products 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 county determines to be appropriate.
(F) Continuing violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
(G) Statutory penalties. If the administrative penalty authorized to be imposed by Minn. Stat. § 461.12 as it may be amended from time to time, differ from that established in this section, then the higher penalty will prevail.
(H) Unlawful administrative penalty reimbursement. It shall be unlawful for any licensee to make an employee reimburse or pay any administrative fine imposed under division (A) herein, whether directly or through payroll deduction. Any licensee found to have violated this provision shall be subject to misdemeanor prosecution and an administrative fine. Nothing in this section shall prevent an employee from seeking reimbursement or a civil action for the unlawful withholding of wages or compensation under the state law.
(I) Misdemeanor. Nothing in this section shall prohibit the county from seeking prosecution of any violation of this chapter as a misdemeanor.
(Ord. 13-02, passed 10-8-2013; Ord. 17-2, passed 11-14-2017; Ord. 19-5, passed 9-24-2019; Ord. 21-4, passed 11-30-2021)