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

Home

Page 13 determining whether to prosecute a minor under the state law or under the local ordinance. In addition to the provisions of the new state tobacco law, the Juvenile Code (S260.195 subd. 3).provides that .the court may require: · A fine up to $100; · Community service projects; · Drug awareness program; · Up to six months probation, or · Any other outpatient treatment program deemed appropriate by the court. ~ - The new state law does not specifically address persons who illegally provide, but do not sell, tobacco to minors. Under Minn. Stat. (sect)609.685, such activity is a misdemeanor. In addition, the licensing authority may set an administrative penalty similar to the ones discussed above. The administrative penalty process While it is not a criminal pro~'_eeding (no judge or jury), the administrative penalty process is designed to ensure due process for the individual accused of the ordinance violation. In fact, the state tobacco licensing taw provides that no administrative penalty may be imposed until the accused has been provided notice, either in pers. on or by mail, of the alleged violation and the right to a hearing'before the hearing officer or panel designated in the tobacco licensing 'ordinance. The decision of the hearing officer or panel must be in writing. If your community plans to seek criminal prosecution, then the compliance check should be supervised by a law enforcement officer who may issue a citation for any violations. I I I I I I I I I' I I I 1 I! I I I