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devices, and to further the official public policy of the state in regard to preventing young people from <br />starting to smoke as stated in Minn. Stats. § 144.391. <br />(Code 1978, § 7.93.01; Ord. No. 21-21, § 3, 12-14-2021) <br />Sec. 26-751. Penalties. <br />(a) Administrative civil penalties; individuals. <br />(1) Any person under the age of 21 who attempts to purchase a tobacco product is subject to <br />administrative penalty. The city council may impose administrative penalties as follows: <br />a. violation: As established by Minn. Stat. § 461.12 Subd. 4 the city council licensing <br />authority may impose a fine as established by ordinance shall consider a variety of <br />alternative civil penalties, including, but not limited to, tobacco -free education; tobacco <br />cessation programs; notice to schools and parents or guardians; community service; and <br />court diversion programs. Alternative civil penalties shall not include fines or monetary <br />penalties. and/or require the person to attend tobacco related education classes, and/or <br />participate in a diversion program and/or complete 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 <br />a diversion program and/or complete certain community services. <br />(2) Any person who sells any tobacco product to a person under the age of 21 years is subject to an <br />administrative penalty. The city council shall impose administrative penalties as follows: <br />a. Fifst violation: The city council shall may impose a fine administrative penalty of $50 as <br />established by ordinance Minn. Stat. § 461.12 Subd. 3. <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 21 years, the licensee shall be subject to an administrative <br />penalty as follows: <br />(1) First violation: The city council shall impose a fffie administrative penalty of $300 as <br />established by ordinance and/or suspend for a period of ten days Minn. Stat. § 461.12 Subd. 2. <br />(2) Second violation within 4-2 36 months: The city council must impose a fine administrative <br />Penalty of $600 as established by ordinance and/or suspend for a period of 30 days Minn. Stat. <br />§ 461.12 Subd. 2. <br />Third violation within 36 months: The city council shall must impose a fine administrative <br />penalty of $1,000 as established by ordinance Minn. Stat. § 461.12 Subd. 2 and,zef must be <br />suspended for a period of one year not less than seven days and may be revoked. <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 />(3) <br />Attachment A <br />Ordinance #26-04 <br />Page 3 of 9 <br />