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Subd. 4. Decision. <br /> <br />If the hearing officer determines that a violation of this ordinance did occur, that decision, <br />along with the hearing officers reasons for finding a violation and the penalty to be <br />imposed under Section 13 of this ordinance, shall be recorded in writing, a copy of which <br />shall be provided to the accused violator. Likewise, if the hearing officer finds that no <br />violation occurred or finds grounds for not imposing any penalty, such findings shall be <br />recorded and a copy provided to the acquitted accused violator. <br /> <br />Subd. 5. Appeals. <br /> <br />Appeals of any decision made by the hearing officer shall be filed in the district court for <br />the jurisdiction of the City in which the alleged violation occurred. <br /> <br />Subd. 6. Misdemeanor Prosecution. <br /> <br />Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor <br />for any alleged violation of this ordinance. <br /> <br />Subd. 7. Continued Violation. <br /> <br />Each violation, and every day in which a violation occurs or continues, shall constitute a <br />separate offense. <br /> <br />SECTION 13. PENALTIES <br /> <br />a. Administrative Civil Penalties; Individuals. <br /> <br />Any person under the age of 18 who attempts to purchase a tobacco product is subject to <br />an administrative penalty. The city council may impose administrative penalties as <br />follows: <br /> <br />First Violation: The city council may impose a civil penalty not to exceed $500 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 /> <br />Second Violation: The city council may impose a civil penalty not to exceed $750 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 /> <br />Third Violation: The city council may impose a civil penalty not to exceed $1,000 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 /> <br /> <br />