Agenda Packets - 2002/01/28 - Laserfiche WebLink

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SJR-137976v3 MU125-32 alleged violation, and has had an opportunity for a hearing before the City Council. A decision by the city council that a violation of this ordinance has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Any licensee whose employee violates any provisions of this Chapter is guilty of an administrative offense and shall pay an administrative penalty of fifty dollars ($50.00). (Ord. 553, 4-24-95)Individuals. Any person who sells tobacco to a person under the age of 18 years shall be charged an administrative penalty of $50.00 $100.00 for a first offense and $25.00 $50.00 additional for every subsequent offense. This penalty shall be in addition to the penalty charged under section 512.07, subd. (1). No penalty under this section 512.07, subd. (2) shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. A decision by the City Council that a violation of this ordinance has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling tobacco to a person under the age of 18 years in violation of this ordinance that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. Subd. 4. Minors. Any person under the age of 18 years who purchases, possesses, or consumes tobacco shall be treated as follows: for a first offense the violator will be referred to Northwest Youth and Family Services, and be required to complete NYFS’s Tobacco Education Program, and pay the related fees or expenses. A second violation will result in an administrative penalty of $50.00, and will also result in a referral to Northwest Youth and Family Services for monitored community service. Third or subsequent violations will be referred to the Ramsey County Attorney’s Office, Juvenile Court Division, for prosecution. Failure to comply with the requirements set forth above for a first or second offenses will result in an immediate referral to the Ramsey County Attorney’s Office for prosecution through the Juvenile Court Division. 512.068: SUSPENSION OR REVOCATION: In addition to any other penalty imposed under section 512.07, any license issued under this section may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard.Any violation of any provision of this Chapter may be cause for suspension or revocation. A second violation within twelve (12) months shall result in a suspension of at least not less than two (2) days seven (7) three (3) days. A third violation within a twenty four (24) month's time frame shall result in a suspension of at least five (5) not less than seven (7) thirty (30) ten (10) days,. A fourth violation within a twenty four (24) month time frame shall result in revocation of license for the balance of the year 365 ninety (90) days, and will require a mandatory hearing in front of the Mounds View City Council. (Ord. 553, 4-24-95)