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Subd. 7 Continued Violation. Each violation, and every day in which a violation <br />occurs or continues, shall constitute a separate offense. <br /> <br />Section 1300 Penalties. (~..O~: The amounts set forth below are the State minimums. <br />Counties, cities, or townships may impose higher fines, etc., although reasonableness must still <br />be the standard. In addition, some entities prefer to adopt a fine schedule which could be <br />referenced here instead of listing each fine.) <br /> <br />Subd. 1 Licensees. Any licensee found to have violated this ordinance, or Whose <br />employee shall have violated this ordinance, shall be charged an administrative f'me of $75 <br />for a first violation of this ordinance; $200 for a second offense at the same licensed <br />premises within a twenty-four month period; and $250 for a third or subsequent offense <br />at the same location within a twenty-four month period. In addition, after the third <br />offense, the license shall be suspended for not less than seven days. <br /> <br />Subd. 2 Other. Individuals. Other individuals, other than minors regulated by subdivision <br />3 of this Subsection, found to be in violation of this ordinance shall be charged an <br />administrative fee of $50. (Note: The State law imposes this administrative penalty on <br />anybody other than the licensee who sells tobacco to minors. The law is silent on <br />imposing administrative penalties to those who provide but do not sell tobacco to minors. <br />Counties, cities, and townships, however, could impose an administrative penalty as <br />provided in this subdivision.) <br /> <br />~ub~l. 3 Minor~. Minors found in unlawful possession of, or who unlawfully purchase <br />or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be <br /> (Notg: The state law requires the licensing authority to consult with interested parties <br />of the courts, educators, parents, and children, to develop an appropriate penalty for <br />minors in that particular community. The penalty does not have to be in the form of a <br />fine. It could include tobacco related education classes, diversion programs, community <br />services, or other penalty the city believes will be appropriate and effective.) <br /> <br />Subd. 4 Mi~clemeanor. Nothing in this Section shall prohibit the (coun!y, city, or <br />township) from seeking prosecution as a misdemeanor for any. violation of this ordinance. <br />~ Note in Section 1200, subd. 6.) <br /> <br />Section 1400. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing <br />of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully <br />recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the <br />violation of this ordinance for a person to have reasonably relied on proof of age as described by <br />State law. <br /> <br />League of MJaa~sota Cities/8/97 <br /> <br />11 <br /> <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br /> <br /> <br />