09-10-2014 Council Agenda - Laserfiche WebLink

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A»eals. A..eats of an decision made b the hearinr officer shall be filed in the district court for the city in which the alleged violation occurred within ten (10) business days. (6) Continued violation. Each violation, and ever da in which a violation occurs or continues, shall constitute a separate offense. Administrative 2enalties. An licensee found to have violated this cha.ter. or whose employee shall have violated this chapter, shall be charged an administrative fine of $200.00 for a first violation of this chapter; $500.00 for a second offense at the same licensed premises within a 24 -month period; and $1,000.00 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 consecutive days. (1) Other individuals. Other individuals, other than minors regulated by division (C)(3) of this section, found to be in violation of this chapter shall be charged an administrative fine of $50. (2) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, tobacco - related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco -related education classes, diversion programs, community services, or another penalty that the city believes will be appropriate and effective. The administrative fine or other penalty shall be established by City Council ordinance upon the City Council's consultation with interested parties of the courts, educators, parents and children to determine an appropriate penalty for minors in the city. This administrative fine or other penalty may also be established from time to time by the Ordinance Establishing Fees and Charges, as it may he amended from time to time. (3) Statutory penalties. if the administrative penalties authorized to be imposed by M.S.& 461.12, as it may be amended from time to time. differ from those established in this section, then the statutory penalties shall prevail. One final note. Pursuant to Minn. Stat. § 461.19, "[al governing body shall give notice of its intention to consider . . . substantial amendment" of its local tobacco ordinance required. Specifically, the governing body "shall take reasonable steps to send notice by mail at least 30 days prior to the meeting to the last known address of each licensee or person required to hold a license." Id. The notice shall state the time, place, and date of the meeting and the subject matter of the proposed ordinance. 5