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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. If <br />the City <br />elects to <br />seek misdemeanor prosecution, no <br />administrative <br />penalty <br />shall be imposed. (Note: It is clear <br />that the <br />intent of <br />the State law is to impose an <br />1 <br />administrative <br />law appears <br />remedy for violations. However, nothing in the <br />to prohibit misdemeanor prosecutions as generally <br />authorized <br />for ordinance violations if the city believes a <br />particular <br />situation <br />warrants prosecution. Further, <br />administrative penalties are generally not considered criminal <br />punishment for the purpose of double jeopardy. Therefore, it <br />would be possibly to prosecute an ordinance as a misdemeanor <br />while simultaneously imposing the administrative penalties. <br />Each entity, however, will need to determine whether or not it <br />is comfortable seeking two types of penalties. If both <br />penalties are to be imposed, the last sentence of the <br />subdivision text needs to be removed. In addition, <br />prosecution solely under State law remains an option.) <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 />Section 1300 Penalties. (Note: The amounts set forth below are <br />the State minimums. Cities may impose higher fines, etc., although <br />reasonableness must still be the standard. In addition, some <br />entities prefer to adopt a fine schedule which could be referenced <br />here instead of listing each fine). <br />Subd. 1 Licensees. Any licensee found to have violated this <br />ordinance, or whose employee shall have violated this <br />ordinance, shall be charged an administrative fine of $75 for <br />a first violation of this ordinance; $200 for a second offense <br />at the same licensed premises within a twenty-four month <br />period; and $250 for a third or subsequent offense at the same <br />location within a twenty-four month period. In addition, <br />after the third offense, the license shall be suspending for <br />not less than seven days. <br />Subd. 2 Other <br />Individuals. <br />Other individuals, <br />other than <br />minors regulated by subdivision 3 <br />of this Subsection, found to <br />be in violation of this <br />ordinance <br />shall be <br />charged an <br />administrative <br />fee of $50. <br />(Note: <br />The State law <br />imposes this <br />administrative <br />penalty on anybody <br />other than the <br />licensee who <br />sells tobacco <br />to minors. <br />The <br />law is silent <br />on imposing <br />administrative <br />penalties to <br />those <br />who provide but <br />do not sell <br />tobacco to minors. Cities, however, could impose an <br />administrative penalty as provided in this subdivision. <br />Subd. 3 Minors. Minors found in unlawful possession of or who <br />unlawfully purchase or attempt to purchase, tobacco, tobacco <br />10 <br />1 143 <br />