§ 14-25. Violations and penalties.

(a)

Responsibility for employees' actions. All licensees under this article shall be responsible for the actions of their employees with regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the employee to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation.

(b)

Penalties.

(1)

Licensees and employees. Any licensee, and any employee of a licensee, violating this article shall be charged an administrative fine of seventy-five ($75.00) dollars for a first violation of this article; two hundred ($200.00) dollars for a second offense at the same licensed premises within a twenty-four-month period; and two hundred fifty ($250.00) dollars for a third or subsequent offense at the same location within a twenty-four-month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days. In lieu of the imposition of any of the above penalties, the city administrator may recommend to the city council that the license of the violator, or the violator's employer, be suspended or revoked.

(2)

Other individuals. Other individuals found to be in violation of this article, shall be charged an administrative fine of fifty ($50.00) dollars, with the exception of minors.

(3)

Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, shall be subject to an administrative fine, or may be subject to tobacco-related education classes, diversion programs, community service, or another penalty that the city council believes would be appropriate and effective. The administrative fine or other penalty shall be established by the city council in its fee ordinance upon its consultation with interested parties consisting of the courts, educators, parents, and minors to determine an appropriate penalty for minors in the city.

(4)

Statutory penalties. If the administrative penalties authorized to be imposed by Minnesota Statutes Section 461.12, as it may be amended from time to time, differ from those established in this section, then the statutory penalties shall prevail.

(c)

Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking misdemeanor prosecution for any violation of this article.

(d)

Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.

(Ord. No. 2012-06, § 1, 7-10-12)