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! <br />! <br /> <br />Subd. 3 Hearinq Officer. The City Council shall serve as the <br />hearing offic~'r. (Option could be independent hearing <br />officer). <br /> <br />Subd. 4 Decision. If the hearing officer determines that a <br />violation of this ordinance did occur, that decision, along <br />with the hearing officers reasons for finding a violation and <br />the penalty to be imposed under Section 1300 of this <br />ordinance, shall be recorded in writing, a copy of which shall <br />be provided to the accused violator. Likewise, if the hearing <br />officer finds that no violation occurred or finds grounds for <br />not imposing any penalty, such findings shall be recorded and <br />a copy provided to the acquitted accused violator. <br /> <br />Subd. 5 Appeals. <br />officer shall <br />jurisdiction of <br />occurred. <br /> <br /> Appeals of any decision made by the hearing <br />be filed in the district court for the <br /> the City in which the alleged violation <br /> <br />Subd. 6 Misdemeanor Prosecution. Nothing in this Section <br />shall prohibit the City from seeking prosecution as a <br />misdemeanor for any alleged violation of this ordinance. <br /> <br />Subd. 7 Continued Violation. Each violation, and every day in <br />which a violation occurs or continues, shall constitute a <br />separate offense. <br /> <br />Seetlon 1300 Penalties. <br /> <br />(a) Administrative Civil Penalties; Individuals. <br /> <br />(i) Any person under the age of 18 who attempts to <br />purchase a tobacco product is subject to an <br />administrative penalty. The city council may impose <br />administrative penalties as follows: <br /> <br />First Violation: The city council may impose a civil <br />penalty not to exceed $500 and/or require the person to <br />attend tobacco related education classes, and/or <br />participate in a diversion program and/or complete <br />certain community services. <br /> <br />Second Violation: The city council may impose a civil <br />penalty not to exceed $750 and/or require the person to <br />attend tobacco related education classes, and/or <br />participate in a diversion program and/or complete <br />certain community services. <br /> <br />Third Violation: The city council may impose a civil <br />penalty not to exceed $1,000 and/or require the person to <br />attend tobacco related education classes, and/or <br /> <br /> <br />