Agenda - Council - 11/10/1997 - Laserfiche WebLink

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Page 11 tobacco licensing ordinance may be subject to both the administrative penatt).' required by the new state law, as well as criminal prosecution based on violation of either the ordinance or the criminal statutes. According to Minn. Stat. (sect)609.685, it is a gross misdemeanor to sell tobacco to minors, and a petty misdemeanor for minors to illegally purchase or attempt to purchase,. possess, or use tobacco. These criminal provisions remain in effect; the new state tobacco licensing law does not change these laws. Minimum penalties imposed by state law: g.,~2cem~ - For any violation committed by the licensee or by an employee of the licensee, · First violation: $75 · Second violation at the same location within a 24-month period: $200 · Third or subsequent violation at the same location within a 24-month period: $250 and a license suspension for at least 7 days. B. Clerk or other r~erson who sells tobacco to a minor: $50. ~ - No specific administrative penalty is imposed by the state law. The law requires the licensing authority to 'consult with interested educators, parents, children, and representatives of the court system to develop alternative penalties for minors found to have purchased, used, or possessed tobacco illegally. Possible penalties include requiring the minor to attend tobacco-free education programg; participate in a court diversion program; or notifying the minor's school and/or parent or guardian of the violation. In order to expedite, the enactment of a tobacco ordinance in your · community, local entities may set the administrative penalty for minors in its ordinance and later amend it following consultation with the individuals listed above. I i I i I I I I ! I ! I I, I I I I i