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8 St. Anthony - Business Regulations <br />(A) Prohibited furnishing or procurement. It is a violation of this ordinance for any person 21 years <br />of age or older to purchase or otherwise obtain any licensed product on behalf of a person under <br />the age of 21. It is also a violation for any person 21 years of age and older to coerce or attempt to <br />coerce a person under the age of 21 to purchase or attempt to purchase any licensed product. <br /> <br />(B) Use of false identification. It is a violation of this ordinance for any person to use any form of <br />false identification, whether the identification is that of another person or has been modified or <br />tampered with to represent an age older than the actual age of the person using that identification. <br /> <br /> <br />§ 111.055 VIOLATIONS AND PENALTIES. <br /> <br />(A) Violations. <br /> <br />(1) Notice. Upon discovery of suspected violation, the alleged violator may be issued, either <br />personally or by mail, a citation that sets forth the alleged violation and which shall inform the <br />alleged violator of his or her right to a hearing on the matter and how and where a hearing may be <br />requested, including a contact address and phone number. <br /> <br />(2) Hearings. <br /> <br />(a) Upon issuance of a citation, a person accused of violating this ordinance may request <br />in writing a hearing on the matter. Hearing requests must be made within 10 business <br />days of the issuance of the citation and delivered to the City Clerk or other designated <br />city officer. Failure to properly request a hearing within 10 business days of the <br />issuance of the citation will terminate the person’s right to a hearing. <br /> <br />(b) The City Clerk or other designated city officer will set the time and place for the <br />hearing. Written notice of the hearing time and place will be mailed or delivered to <br />the accused violator at least 10 business days prior to the hearing. <br /> <br />(3) Hearing officer. The Police Chief or designee shall serve as the hearing officer. <br /> <br />(4) Decision. If the hearing officer determines that a violation did occur, that decision, along <br />with the hearing officer’s reasons for finding a violation and the penalty to be imposed <br />under this section, shall be recorded in writing, a copy of which shall be provided to the <br />city and the accused violator by in-person delivery or mail as soon as practicable. If the <br />hearing officer finds that no violation occurred or finds ground for not imposing any <br />penalty, the findings shall be recorded and a copy provided to the city and the acquitted <br />accused violator by in-person delivery or mail as soon as practicable. The decision of the <br />hearing officer is final, subject to an appeal as described in §111.055, division (A)(5) of <br />this section. <br /> <br />(5) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district <br />court having jurisdiction over the city. <br /> <br />(6) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking <br />prosecution as a misdemeanor for any alleged second violation of this ordinance by a <br />person 21 years of age or older within five years of a previous conviction under the <br />ordinance. <br /> <br />Commented [PHLC15]: This was missing the list letter. <br />Commented [PHLC16]: Added subheading for <br />readability. <br />Commented [PHLC17]: State law now penalizes a first <br />violation of underage sales as a petty misdemeanor and <br />allows for a misdemeanor prosecution upon a second <br />violation. I updated this paragraph to reflect that new penalty <br />structure under state law.