Laserfiche WebLink
14 <br /> <br />(b) Reasonable Reliance. It is an affirmative defense to a violation of this ordinance for a <br />person to have reasonably relied on proof of age as described by state law. <br /> <br /> 802.105 120. VIOLATIONS AND PENALTIES. <br />(A) Violations. <br />(1) Notice. A person violating this ordinance may be issued, either personally or <br />by mail, a citation from the city that sets forth the alleged violation and that <br />informs the alleged violator of his or her right to a hearing on the matter and <br />how and where a hearing may be requested, including a contact address and <br />phone number. <br />(2) Hearings. <br />(a) Upon issuance of a citation, a person accused of violating this <br />ordinance may request in writing a hearing on the matter. Hearing <br />requests must be made within 10 business days of the issuance of the <br />citation and delivered to the City Clerk or other designated city officer. <br />Failure to properly request a hearing within 10 business days of the <br />issuance of the citation will terminate the person’s right to a hearing. <br />(b) The City Clerk or other designated city officer will set the time and <br />place for the hearing. Written notice of the hearing time and place will <br />be mailed or delivered to the accused violator at least 10 business days <br />prior to the hearing. <br />(3) Hearing Officer. The City Council will designate a hearing officer. The <br />hearing officer will be an impartial employee of the city or an impartial person <br />retained by the city to conduct the hearing. <br />(4) Decision. A decision will be issued by the hearing officer within 10 business <br />days of the hearing. If the hearing officer determines that a violation of this <br />ordinance did occur, that decision, along with the hearing officer’s reasons for <br />finding a violation and the penalty to be imposed, will be recorded in writing, <br />a copy of which will be provided to the city and the accused violator by in- <br />person delivery or mail as soon as practicable. If the hearing officer finds that <br />no violation occurred or finds grounds for not imposing any penalty, those <br />findings will be recorded and a copy will be provided to the city and the <br />acquitted accused violator by in-person delivery or mail as soon as practicable. <br />The decision of the hearing officer is final, subject to an appeal as described in <br />section 11, division (A) 802.120(6) of this section. <br />(5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses <br />in holding the hearing up to a maximum of $1,000 must be paid by the person <br />requesting the hearing. <br />(6) Appeals. Appeals of any decision made by the hearing officer must be filed in <br />Wilkin Ramsey County district court within 10 business days of the date of the <br />decision. <br />(7) Continued violation. Each violation, and every day in which a violation occurs <br />or continues, shall constitute a separate offense.