09-10-2014 Council Agenda - Laserfiche WebLink

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(2) No sales shall be made by means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco -related device, or delivery device and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco -related device, or delivery device between the licensee, or the licensee's employee, and the customer. (3) A licensee shall comply with all applicable regulations of the State of Minnesota relating to the sale or dispensing of Tobacco Products and delivery devices. If there is a conflict between the regulations of the State and the regulations of the City, the more restrictive regulations shall control. (4) Every licensee is responsible for the conduct of its employees while on the licensed premises. Any sale or other disposition of Tobacco Products or delivery devices by an employee of a licensee shall be considered an act of the licensee. 802.080, SALES TO MINORS. No person shall give, sell or dispense any Tobacco Product or delivery device to a person under eighteen (18) years of age. Any person convicted of violating this section shall pay a fine of $100.00 for the first such conviction. Any person convicted to violating this section twice shall pay a fine of $125.00. Any person convicted of violating this section three times shall pay a fine of $150.00. Any person convicted of violating this section more than three times during any 24 -month period shall he guilty of a misdemeanor. 802.090. ADMINISTRATIVE FINE, SUSPENSION, OR REVOCATION. Any violation of the City's regulations relative to the issuance of a 'Tobacco Products License or of any conditions/restrictions attached to the issuance of such license shall be cause for the imposition of an administrative fine, the suspension of the license, or the revocation of the license. (a) If the violation relates to a restriction of Section 802,070 other than the sale of tobacco or delivery device to minors or allowing a minor to sample tobacco or delivery device, the Council may suspend the license for up to 60 days or revoke the license. In addition to such action, or in lieu of such action, the Council may impose a civil fine not to exceed $1,000.00 for each violation. (b) If the violation relates to the sale of Tobacco Products to minors, sale delivery devices to minors, or allowing the sampling of tobacco or delivery device by minors, by the licensee or the licensee's employee, the following administrative fines, suspensions, or revocations shall be imposed. (1) The first such violation shall subject the licensee to the payment of an administrative fine of $200.00; 802-5 10