§ 14-297. Violations and penalties.

(a)

Generally. The license holder shall be responsible for the conduct of its agents or employees while on the licensed premises. Any violation of this article shall be considered an act of the license holder for purposes of imposing a civil penalty, license suspension, or revocation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.

(b)

Notice of violation. Upon the occurrence of a suspected violation, the police department shall inform the city administrator of the suspected violation. The city administrator shall then send to the license holder a written notice of the civil violation. The notice shall advise the license holder of the penalty and the license holder's right to request a hearing regarding the violation of this article.

(c)

Administrative civil penalties; licensee: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the State of Minnesota as follows:

(1)

First violation: The first violation of this chapter shall be punishable by a civil penalty of $500.00.

(2)

Second violation: A second violation of this chapter within any twenty-four-month period shall be punishable by a civil penalty of $750.00.

(3)

Subsequent violation: A third or subsequent violation of this chapter within any twenty-four-month period shall be punishable by revocation of the license plus a civil penalty of $250.00. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of two years after the revocation.

(d)

Administrative civil penalties; individuals: An individual who sells tobacco to a person under the age of 21 years shall pay an administrative penalty of $50.00.

(e)

Hearing: Following receipt of a notice of a violation and penalty issued under this section, the license holder or individual may agree to the presumptive penalty or request a hearing before the city council. A request for a hearing shall be made by the individual or license holder in writing and filed with the city administrator or designee within ten days of the mailing of the notice of the alleged violation. Following receipt of a written request for hearing, the individual or license holder shall be afforded an opportunity for a hearing before the council.

(f)

Findings: If after the hearing the license holder or individual is found in violation of this chapter, the council shall impose the presumptive penalty.

(g)

Default: If the individual or license holder has been provided written notice of the violation and if no request for a hearing is filed within the ten-day period, then the presumptive civil penalty, suspension or revocation imposed in this chapter shall take immediate effect by default. The city administrator or designee shall mail notice of the fine, suspension or revocation to the individual or license holder.

(Code 1993, § 5-1.03(D)(7); Ord. No. 99-01, § 1, 1-3-1999; Ord. No. 10-02, § 1, 1-27-2010; Ord. No. 18-03, § 3, 5-9-2018)