CC WORKSESSION PACKET 07132021 - Laserfiche WebLink

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(7) Continued violation. Each violation and each day in which a violation occurs or continues, shall constitute a separate offense. (A)(B) Administrative penalties. (1) Licensees. Any licensee found to have violated this ordinance, or whose employee violated this ordinance, will be charged an administrative fine of [ $200 ]300 for a first violation; [ $500 ] $600 for a second offense at the same licensed premises within a 3624- month period; and [ $750 ] $1,000 for a third or subsequent offense at the same location within a 3624-month period. Upon the third violation, the license will be suspended for a period of not less than [ 30 ] consecutive days. Upon a fourth violation, the license will be revoked. (2) Other individuals. Individuals, other than persons under the age of 21 regulated by division (B)(3) of this section, who are found to be in violation of this subchapter shall may be charged an administrative fine of $50. (3) Persons under the Age of 21. Persons under the age of 21 who use a false identification to purchase or attempt to purchase licensed products may only be subject to non-criminal, non-monetary civil penalties such as tobacco-related education classes, diversion programs, community services, or another penalty that the city determines to be appropriate. The City will consult with court personnel, educators, parents, children and other interested parties to determine an appropriate penalty for persons under the age of 21 in the city. The penalty may be established by ordinance and amended from time to time. § 111.056 EXCEPTIONS AND DEFENSES (A) Religious, Spiritual, or Cultural Ceremonies or Practices. Nothing in this subchapter shall prevent the providing of tobacco, tobacco products, and tobacco related devices to any person as part of a lawfully recognized religious, spiritual, or cultural ceremony. (B) Reasonable Reliance. It shall be an affirmative defense to the violation of this subchapter for a person to have reasonably relied on proof of age as described by state law. § 111.057 SEVERABILITY If any section or provision of this subchapter is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. § 111.058 EFFECTIVE DATE This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. § 111.059 SMOKING PROHIBITED. Commented [PHLC18]: Added subheading for readability. Commented [PHLC19]: This subsection was updated to conform with state minimum penalties. Commented [PHLC20]: State law was amended in 2020 to allow this penalty to be permissive instead of mandatory. This provides greater discretion by the City to seek penalties that are tailored to the individual circumstance. Commented [PHLC21]: The City may want to move the smoke-free regulations and related definitions to a chapter on its own since it would apply to spaces outside of a tobacco retail establishment. PHLC would be happy to help the city with sample language for a separate ordinance, if desired.