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Subd. 2. Hearings. <br />If a person accused of violating this ordinance so requests, a hearing shall be <br />scheduled, the time and place of which shall be published and provided to the <br />accused violator. <br />Subd. 3. Hearing Officer. <br />The city council shall serve as the hearing officer. (Option could be independent <br />hearing officer). <br />Subd. 4. .Decision. <br />If the hearing officer determines that a violation of this ordinance did occur, that <br />decision, along with the hearing officers reasons for fmding a violation and the <br />penalty to be imposed under Section 13 of this ordinance, shall be recorded in <br />writing, a copy of which shall be provided to the accused violator.. Likewise, if <br />the hearing officer finds that no violation occurred or fmds grounds for not <br />imposing any penalty, such findings shall be recorded and a copy provided to the <br />acquitted accused violator. <br />Subd. S. .Appeals. <br />Appeals of any decision made by the hearing officer shall be filed in the district <br />court for the jurisdiction of the City in which the alleged violation occurred. <br />Subd. 6. Misdemeanor Prosecution. <br />Nothing in this section shall prohibit the city from seeking prosecution as a <br />misdemeanor for any alleged violation of this ordinance. <br />Subd. 7. Continued Violation. <br />Each violation, and every day in which a violation occurs or continues, shall <br />constitute a separate offense. <br />SECTION 13. PENALTIES <br />a. Administrative Civil Penalties; Individuals. <br />Any person under the age of 18 who attempts to purchase a tobacco product is <br />subject to an administrative penalty. The city council may impose administrative <br />penalties as follows: <br /> <br />-148- <br />