CC WORKSESSION 08302010 - Laserfiche WebLink

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violator. If the hearing officer finds that no violation occurred or finds ground for not imposing any penalty, the findings shall be recorded and a copy provided to the acquitted accused violator. (5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court having jurisdiction over the City. (6) Gross misdemeanor prosecution. Nothing in this section shall prohibit the City from seeking prosecution as a gross misdemeanor for any alleged violation of this subchapter. If the City elects to seek gross misdemeanor prosecution, no administrative penalty shall be imposed. (7) Continued violation. Each violation and each day in which a violation occurs or continues, shall constitute a separate offense. (1993 Code, § 510.13) (B) (1) Licenses. Any licensee or employee found to have violated this subchapter, shall be charged a gross misdemeanor. (2) Other individuals. Other individuals and who are not minors regulated by division (13)(3) below, found to be in violation of this subchapter shall be charged an administrative fine of $50. (3) Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase tobacco, tobacco products, or tobacco related devices, shall be remanded to the custody of their parents and required to attend and complete tobacco related diversion programs. (4) Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this subchapter. (1993 Code, § 510.14) (C) Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this subchapter for a person to have reasonable relied on proof of age as described by state law. (1993 Code, § 510.14) Penalty, see §10.99 § 111.057 SPECIFIC OPERATIONAL STANDARDS. (A) Other specific operational standards far smoke shops. Smoke shops and related uses are subject to the following specific operating standards: (1) Entrances. The smoke shop must have an entrance door opening directly to the outdoors. (2) Compliance with Chapter 1306. The smoke shop shall comply with MINNESOTA RULES, CHAPTER 1306, SPECIAL FIRE PROTECTION SYSTEMSI306.0020, Subp. 2, Existing and new buildings (3) Business Gross Revenues. Greater than ninety (90 %) percent of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking - related accessories.