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Subd. 3 Hearinq Officer. The City Council shall serve as the <br />hearing officer. (Option could be independent hearing <br />officer). <br /> <br />Subd. 4 Decision. If the hearing officer determines that a <br />violation of this ordinance did occur, that decision, along <br />with the hearing officers reasons for finding a violation and <br />the penalty to be imposed under Section 1300 of this <br />ordinance, shall be recorded in writing, a copy of which shall <br />be provided to the accused violator. Likewise, if the hearing <br />officer finds that no violation occurred or finds grounds for <br />not imposing any penalty, such findings shall be recorded and <br />a copy provided to the acquitted accused violator. <br /> <br />Subd. 5 Appeals. Appeals of any decision made by the hearing <br />officer shall be filed in the district court for the <br />jurisdiction of the City in which the alleged violation <br />occurred. <br /> <br />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 />....... ~ ...... to m sdcmcancr ~ <br /> <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 /> <br />Section 1300 Penalties. <br /> <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 /> <br /> Subd. 2 Other Individuals. Other individuals, other than <br /> minors regulated by subdivision 3 of this Subsection, found to <br /> be in violation of this ordinance shall be charged an <br /> administrative fee of $50. <br />/_Subd. 3 Minors. Minors found in unlawful possession of or who <br />/ u--~aQf~l-~y ~-rchase or attempt to purchase, tobacco, tobacco <br />products, or tobacco related devises, shall be (option <br />includes fine, tobacco related education classes, diversion <br />programs, community services, or other penalty the City <br />believes will be appropriate and effective).~~,~%~ <br /> <br />/¢¢ <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> Ii' <br /> <br />I <br />! <br />I <br /> <br /> <br />