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I <br />I <br />I <br />i <br />I <br />I <br />I <br />I <br />! <br />I <br />I <br />I <br /> <br /> I <br /> ! <br /> I <br /> <br /> I <br /> I <br /> <br />Page 10 <br /> <br /> Chapter 2 <br />Administrative Penalties for Tobacco Law Violations <br /> <br />CHAPTER HIGHLIGHTS <br /> <br />· Communities must set administrative penalties; the state law sets minimum penal, ties <br />· Minnesota has several resources for developing alternative penalties for minors <br />· Alleged violators of ordinances are entitled to due process <br />· Sample forms at end of chapter <br /> <br /> The new state youth access law makes administrative penalties <br />mandatory for certain violations of tobacco ordinances. The licensing <br />authority imposes the penalties, so each local entity adopting or amending a <br />tobacco licensing ordinance must include a provision on administrative <br />penalties in order for the ordinance to comply with the minimum <br />requirements of the statute. <br /> <br />Why use administrative penalties? <br /> <br /> The purpose of administrative penalties is to offer a more effective and <br />efficient alternative to formal court proceedings. Perceived advantages <br />include that they... <br />· Are less costly <br /> <br />· Are less intimidating <br />· Foster better relations between government officials and retailers <br />· Maintain local control <br /> <br /> Although the state law sets the minimum threshold for the <br />administrative penalties (fines), the licensing authority may set higher fines if <br />this best meets the needs of the community. There is no specific ceiling for <br />administrative penalties in the state law, but the general rule is that the fine <br />must be reasonable for the offense. <br /> <br /> Administrative penalties are not legally considered "punishment" for <br />the purpose of "double jeopardy." This means that an alleged violator of a <br /> <br />141 <br /> <br /> <br />