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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 4-8-21 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 4-821 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 /> I sold tobacco to a person under the age of 4-821 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 />