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SJR-137976v3 <br />MU125-32 <br />alleged violation, and has had an opportunity for a hearing before the City Council. <br />A decision by the city council that a violation of this ordinance has occurred shall be <br />in writing. Judicial appeal shall be as provided for by state law. <br /> <br /> Subd. 2. Any licensee whose employee violates any provisions of this Chapter is guilty of <br />an administrative offense and shall pay an administrative penalty of fifty dollars <br />($50.00). (Ord. 553, 4-24-95)Individuals. Any person who sells tobacco to a person <br />under the age of 18 years shall be charged an administrative penalty of $50.00 for a <br />first offense and $25.00 additional for every subsequent offense. This penalty shall <br />be in addition to the penalty charged under section 512.07, subd. (1). No penalty <br />under this section 512.07, subd. (2) shall take effect until the person against whom <br />the penalty will be charged has received notice, served personally or by mail, of the <br />alleged violation, and has had an opportunity for a hearing before the City Council. <br />A decision by the City Council that a violation of this ordinance has occurred shall <br />be in writing. Judicial appeal shall be as provided for by state law. <br /> <br /> Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling tobacco to a <br />person under the age of 18 years in violation of this ordinance that the licensee or <br />individual making the sale relied in good faith upon proof of age as described in <br />Minnesota Statutes, Section 340A.503, subdivision 6. <br /> <br /> Subd. 4. Minors. Any person under the age of 18 years who purchases, possesses, or <br />consumes tobacco shall be __________[language to be inserted after public <br />hearing]. <br /> <br /> 512.068: SUSPENSION OR REVOCATION: In addition to any other penalty <br />imposed under section 512.07, any license issued under this section may be suspended or <br />revoked by the City Council for a violation of any provision of this Chapter if the licensee <br />has been given a reasonable notice and an opportunity to be heard.Any violation of any <br />provision of this Chapter may be cause for suspension or revocation. A second violation <br />within twelve (12) months shall result in a suspension of at least not less than two (2) days <br />seven (7) days. A third violation within a twenty four (24) month's time frame shall result in <br />a suspension of at least five (5) not less than seven (7) thirty (30) days,. A fourth violation <br />within a twenty four (24) month's time frame shall result in revocation of license for the <br />balance of the year 365 days. (Ord. 553, 4-24-95) <br /> <br /> 512.079: HEARING AND NOTICE: <br /> <br /> Subd. 1. Revocation or suspension of a license shall be preceded by a hearing before the <br />Police ChiefCity Council. A hearing notice shall be given at least ten (10) days prior <br />to the hearing including notice of the time and place of the hearing and shall state the <br />nature of the charges against the licensee. Judicial appeal shall be as provided for by <br />state law. <br /> <br /> Subd. 2. An aggrieved party may appeal the decision of the Police Chief within ten (10) <br />days of receiving notice of the City's action. The filing of an appeal stays the action <br />of the Police Chief in suspending or revoking a license until the City Council makes <br />a final decision. (Ord. 553, 4-24-95)