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1 34- <br /> Subd. <br /> 4Subd. 3. Hearing Officer. The Police Chief shall serve as the hearing officer. <br /> op <br /> Subd. 4. Decision. If the hearing officer determines that a violation did occur, <br /> that decision, as well as the hearing officer's reasons for finding a violation and <br /> the penalty to be imposed under Section 510.14, shall be recorded in writing, a <br /> copy of which shall be provided to the accused violator. If the hearing officer <br /> finds that no violation occurred or finds ground for not imposing any penalty, <br /> such findings shall be recorded and a copy provided to the acquitted accused <br /> violator. <br /> ' Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be <br /> filed in the district court having jurisdiction over the City. <br /> Subd. 6. Gross Misdemeanor Prosecution. Nothing in this Section shall <br /> prohibit the City from seeking prosecution as a gross misdemeanor for any <br /> alleged violation of Section 510 . If the City elects to seek gross misdemeanor <br /> prosecution, no administrative penalty shall be imposed. <br /> ' Subd. 7. Continued Violation. Each violation and each day in which a <br /> violation occurs or continues, shall constitute a separate offense. <br /> 510.14 Penalties. <br /> Subd. 1. Licensees. Any licensee or employee found to have violated this <br /> Ordinance, shall be charged a gross misdemeanor. <br /> Subd. 2. Other Individuals. Other individuals and who are not minors <br /> ' regulated by Subd. 3 of this Section, found to be in violation of this Ordinance <br /> shall be charged an administrative fine of$50. <br /> Subd. 3. Minors. Minors found in unlawful possession of, or who unlawfully <br /> purchase or attempt to purchase tobacco, tobacco products, or tobacco related <br /> ' devices, shall be remanded to the custody of their parents and required to attend <br /> and complete tobacco related diversion programs. <br /> Subd. 4. Misdemeanor. Nothing in this Section shall prohibit the City from <br /> seeking prosecution as a misdemeanor for any violation of this Ordinance. <br /> ' 510.14 Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing <br /> of tobacco, tobacco products, and tobacco related devices to a minor as part of a lawfully <br /> recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the <br /> ' violation of this Ordinance for a person to have reasonably relied on proof of age as described <br /> by State law. <br /> Page 7 <br /> 1 <br />