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tobacco, tobacco products, and tobacco -related devices for the purpose of enforcing and furthering existing laws, <br />to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, and <br />tobacco -related devices, and to further the official public policy of the state in regard to preventing young people <br />from starting to smoke as stated in Minn. Stats. § 144.391. <br />(Code 1978, § 7.93.01) <br />Sec. 26-751. - Penalties. <br />(a) Administrative civil penalties; individuals. <br />(1) Any person under the age of 1821 who attempts to purchase a tobacco product is <br />subject to an administrative penalty. The city council may impose administrative <br />penalties as follows: <br />a. First violation: The city council may impose a fine as established by ordinance and/or <br />require the person to attend tobacco -related education classes, and/or participate in a <br />diversion program and/orcomplete certain community services. <br />b. Second violation: The city council may impose a fine as established by ordinance and/or <br />require the person to attend tobacco -related education classes, and/or participate in a <br />diversion program and/or complete certain community services. <br />c. Third violation: The city council may impose a civil penalty as established by ordinance <br />and/or require the person to attend tobacco -related education classes, and/or participate in a <br />diversion program and/or complete certain community services. <br />(2) Any person who sells any tobacco product to a person under the age of 1821 years is <br />subject to anadministrative penalty. The city council shall impose administrative <br />penalties as follows: <br />a. First violation: The city council shall impose a fine as established by ordinance. <br />b. Second violation within 12 months: The city council shall impose a fine as established by <br />ordinance. <br />c. Third violation within 12 months: The city council shall impose a fine as established by <br />ordinance. <br />(b) Administrative civil penalties; licensee. If a licensee or an employee of a licensee is found to have <br />sold tobacco to a person under the age of 1821 years, the licensee shall be subject to an <br />administrative penalty as follows: <br />(1) First violation: The city council shall impose a fine as established by ordinance and/or <br />suspend for aperiod of ten days. <br />(2) Second violation within 12 months: The city council shall impose a fine as established <br />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 established by <br />ordinance and/or suspend for a period of one year. <br />(c) Misdemeanors. Nothing in this article shall prohibit the city from seeking prosecution as a <br />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 />(a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally <br />or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator <br />Ordinance #21-21 <br />Page 3 of 8 <br />