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(a) Administrative civil penalties; individuals. <br /> (1) Any person under the age of-1-g21 who attempts to purchase a tobacco <br /> product is subject to an administrative penalty. The city council may <br /> impose administrative penalties as follows: <br /> a. First violation: The city council may impose a fine as established <br /> by ordinance and/or require the person to attend tobacco-related <br /> education classes, and/or participate in a diversion program and/or <br /> complete certain community services. <br /> b. Second violation: The city council may impose a fine as <br /> established by ordinance and/or require the person to attend <br /> tobacco-related education classes, and/or participate in a diversion <br /> program and/or complete certain community services. <br /> c. Third violation: The city council may impose a civil penalty as <br /> established by ordinance and/or require the person to attend <br /> tobacco-related education classes, and/or participate in a diversion <br /> program and/or complete certain community services. <br /> (2) Any person who sells any tobacco product to a person under the age of <br /> -l-g21 years is subject to an administrative penalty. The city council shall <br /> impose administrative penalties as follows: <br /> a. First violation: The city council shall impose a fine as <br /> established by ordinance. <br /> b. Second violation within 12 months: The city council shall <br /> impose a fine as established by ordinance. <br /> c. Third violation within 12 months: The city council shall impose <br /> a fine as established by ordinance. <br /> (b)Administrative civil penalties; licensee. If a licensee or an employee of a licensee is <br /> found to have sold tobacco to a person under the age of 4-821 years,the licensee shall be <br /> subject to an administrative penalty as follows: <br /> (1)First violation: The city council shall impose a fine as established by <br /> ordinance and/or suspend for a period of ten days. <br /> (2) Second violation within 12 months: The city council shall impose a fine as <br /> established by ordinance and/or suspend for a period of 30 days. <br /> (3)Third violation within 12 months: The city council shall impose a fine as <br /> established by ordinance and/or suspend for a period of one year. <br /> (c)Misdemeanors. Nothing in this article shall prohibit the city from seeking prosecution <br /> as a misdemeanor for any violation of this article. <br /> (Code 1978, § 7.93.13) <br /> State Law reference—Administrative penalties,Minn. Stats. § 461.12, subds. 2, 3. <br /> Sec.26-752. - Violation. <br /> Ordinance#21-21 <br /> Page 4 of 11 <br />