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(Code 1978, § 7.93.13; Ord. No. 21-21, § 3, 12-14-2021) <br />State law reference(s)—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 <br />personally or by mail, a citation that sets forth the alleged violation and which shall inform the <br />alleged violator of their right to be heard on the accusation. <br />(b) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the <br />time and place of which shall be published and provided to the accused violator. <br />(c) Hearing officer. The city council shall serve as the hearing officer. (Option could be independent <br />hearing officer.) <br />(d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, <br />along with the hearing officer's reasons for finding a violation and the penalty to be imposed under <br />this section, shall be recorded in writing, a copy of which shall be provided to the accused violator. <br />Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing <br />any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. <br />(e) Appeals. 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 />(f) Misdemeanor prosecution. Nothing in this article shall prohibit the city from seeking prosecution as <br />a misdemeanor for any alleged violation of this article. <br />Continued violation. Each violation, and every day in which a violation occurs or continues, shall <br />constitute a separate offense. <br />(Code 1978, § 7.93.12; Ord. No. 21-21, § 3, 12-14-2021) <br />(g) <br />Sec. 26-753. Prohibited sales. <br />It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco <br />product, er tobacco -related device, or nicotine or lobelia delivery device: <br />(1) To any person under the age of 21 years. <br />(2) By means of any type of vending machine. <br />(3) By means of self-service methods whereby the customer does not need to make verbal or <br />written request to an employee of the licensed premises in order to receive the tobacco, tobacco <br />product, Of tobacco -related device, or nicotine or lobelia delivery device, and whereby there is <br />not a physical exchange of the tobacco, tobacco product, Of tobacco -related device, or nicotine <br />or lobelia delivery device between the licensee or the licensee's employee, and the customer, <br />unless the sale is by means of a vending machine controlled by an electronic device by an <br />employee of the business. This subsection does not apply to exclusive tobacco stores. <br />(4) By means of loosies. <br />(5) <br />Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or <br />other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other <br />substances found naturally in tobacco or added as part of an otherwise lawful manufacturing <br />process. <br />Attachment A <br />Ordinance #26-04 <br />Page 4 of 9 <br />