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Ordinance No. 986 Page 2 of 3 SECTION 2. The City Council of the City of Mounds View hereby amends Title XI, Chapter 118, Section 118.999 of the Mounds View Municipal Code by adding the underlined material and deleting the stricke material as follows: § 118.999 PENALTY. (A) Licensees. If a licensee or an employee of a licensee violates any provision of this chapter, the licensee shall be eharge subject to an administrative penalty as set forth in the eity's fee sehe „ 4e required in Minnesota Statutes, section 461.12, subd. 2, as it may be amended from time to time. If a licensee or an employee of a licensee violates any provision of this chapter a second time at the same location within 24 36 months of the initial violation, the licensee shall be Ehar-ge subject to an administrative penalty asset, -rth in. the ty's fee sehe l required in Minnesota Statutes, section 461.12, subd. 2, as it may be amended from time to time. If a licensee or an employee of a licensee violates any provision of this chapter a third time at the same location within 24 36 months of the initial violation, the licensee shall be eharged subject to an administrative penalty as set f Ah ' *� ty's fee s hedu o required in Minnesota Statutes, section 461.12, subd. 2, as it may be amended from time to time, and shall be subject to a license suspension or revocation, in the council's discretion, and any such suspension must be for at least seven days. No penalty under this division (A) shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested by the licensee within ten business days of notice delivery. A decision by the City Council that a violation of this chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Nothing contained herein shall preclude additional enforcement efforts by the city for violations, including, but not necessarily limited to, criminal charges or civil relief. (B) Individuals. Any person who sells tobacco to a person under the age of 21 years shall may be eharged subject to an administrative penalty as set forth in the city's fee schedule for a first offense and as set forth in the city's fee schedule additional for every subsequent offense. This penalty shall be in addition to the penalty a ar-g imposed against a licensee under division (A) above. No penalty under this division (B) 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. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested within ten business days of notice delivery. A decision by the City Council that a violation of this section has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Nothing contained herein shall preclude additional enforcement efforts by the city for violations, including, but not necessarily limited to, criminal charges or civil relief. (C) Misdemeanors: continued violations. A violation of any provision of this chapter shall be considered a misdemeanor, subject to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 2