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(2) The City Manager or designee will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least ten business days prior to the hearing. (C) Hearing officer. The Police Chief or designee shall serve as the hearing officer. (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 [ $1000 ] for a first violation; [ $2000 ] for a second offense at the same licensed premises within a 36-month period and a 3-day suspension of the license; and [ $2,000 ] 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, <br />40