Agenda - Council - 09/22/2026 - Laserfiche WebLink

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the sale, possession and use of tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco -related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stats. § 144.391. (Ord. No. 26-04, § 2(Att. A), 3-24-2026) Sec. 26-751. Penalties. (a) Administrative civil penalties; individuals. (1) Any person under the age of 21 who attempts to purchase a tobacco product is subject to penalties as follows: a. Violation: As established by Minn. Stats. § 461.12, subd. 4, the licensing authority shall consider a variety of alternative civil penalties, including, but not limited to, tobacco -free education; tobacco cessation programs; notice to schools and parents or guardians; community service; and court diversion programs. Alternative civil penalties shall not include fines or monetary penalties. (2) Any person who sells any tobacco product to a person under the age of 21 years is subject to an administrative penalty. The city council shall impose administrative penalties as follows: a. Violation: The city council may impose an administrative penalty of $50.00 as established by Minn. Stats. § 461.12, subd. 3. (b) Administrative civil penalties; licensee. If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 21 years, the licensee shall be subject to an administrative penalty as follows: (1) First violation: The city council shall impose an administrative penalty of $300.00 as established by Minn. Stats. § 461.12, subd. 2. (2) Second violation within 36 months: The city council must impose an administrative penalty of $600.00 as established by Minn. Stats. § 461.12, subd. 2. (3) Third violation within 36 months: The city council must impose an administrative penalty of $1,000.00 as established by Minn. Stats. § 461.12, subd. 2 and must be suspended for a period of not less than seven days and may be revoked. (c) Misdemeanors. Nothing in this article shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. (Ord. No. 26-04, § 2(Att. A), 3-24-2026) State law reference(s)—Administrative penalties, Minn. Stats. § 461.12, subds. 2, 3. Sec. 26-752. Violation. (a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. (b) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (Supp. No. 15, Update 2) Created: 2026-07-29 16:21:19 [EST] Page 3 of 8