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(D) Decision. If the hearing officer determines that a violation did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed under this section, shall be recorded in writing, a copy of which shall be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. 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 city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in division (E) below. (E) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing. (EF) Appeals. Appeals of any decision made by the hearing officer shall be filed in the District Court having jurisdiction over the city. (G) Continued violation. Each violation, and every day on which a violation occurs or continues, shall constitute a separate offense. (FH) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this subchapter by a person 21 years of age or older. (Prior Code, § 111.055) ()§ ADMINISTRATIVE PENTALTIES. (1) Licensees. Any licensee cited for violating this ordinance, or whose employee has violated this ordinance, will be charged an administrative fine of [ $300 ] for a first violation; [ $600] for a second offense at the same licensed premises within a 36-month period and a 3-day suspension of the license; and [ $1000 ] for a third or subsequent offense at the same location within a 36- month period and a 7-day suspension of the license. Upon a fourth violation within a 36-month period, the license will be revoked. (2) Employees of licensees and other individuals. Individuals, other than persons under the age of 21 regulated by paragraph (B)(3) of this section, who are found to be in violation of this ordinance 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 or remedies such as tobacco-related education classes, diversion programs, community services, or another non-monetary, civil penalty that the city determines to be appropriate. The City Council will consult with educators, parents, guardians, persons under the age of 21, public health officials, court personnel, and other interested parties to determine an appropriate remedy for persons under the age of 21 in the city in the best interest of the underage person. The remedies for persons under 21 who use a false identification to purchase or attempt to purchase licensed products may be established by ordinance and amended from time to time. Commented [WA5]: This provision allows for the jurisdiction to recover costs for persons requesting a hearing if the citation is upheld to discourage baseless challenges and to help the city recoup administrative costs. Commented [WA6]: This provides clarity for determining the penalties. Commented [WA7]: How would the city like to renumber here to add a new section? Commented [WA8]: State law (Minn. Stat. § 461.12 Subd. 2) sets a minimum fine schedule for underage sales and other violations of state law by licensed tobacco retailers: $300 for a first violation, $600 for a second violation within 36 months, and $1,000 for a third or subsequent violation within 36 months. Upon the third or subsequent violation within 36 months of the first violation, state law requires a suspension of at least seven days and allows for license revocation. Jurisdictions may include stronger penalties for licensee violations. The sample language provided in this model includes a longer suspension period for a third violation (30 days) and requires license revocation for repeat offenders (four violations) within 36 months. Commented [WA9R8]: Per Katie: First violation—$1,000.00 fine Second violation within 36mo.—$2,000.00 fine + 3-day suspension of the tobacco license Third violation within 36mo.—$2,000.00 fine + 7-day suspension of the tobacco license Fourth violation—Revocation of the tobacco license Commented [WA10]: State law (Minn. Stat. § 461.12 Subd. 3) permits an administrative fine of $50 for individuals or employees who sell, give, or furnish licensed products to persons under age 21. This provision allows the jurisdiction to fine an employee or individual for any violation of this ordinance, with the exception of the non-monetary, non- criminal civil penalties provided for using a false ID. Commented [WA11]: This non-monetary, non-criminal civil alternative penalty reflect state the penalty for underage persons using false ID to purchase licensed products. (Minn. Stat. § 461.12 Subd. 4) 30