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03-06-00
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City Council
City Council - Type
CC Packets
Date
3/6/2000
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C. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew,sniff, or otherwise <br /> use any tobacco,tobacco product,or tobacco related device and it shall be a violation of this Ordinance <br /> for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a <br /> violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain <br /> or use any tobacco, tobacco.product or tobacco-related device. This subdivision shall not apply to <br /> minors lawfully involved in a compliance check. <br /> D. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to <br /> purchase or otherwise obtain any tobacco,tobacco product,or tobacco related device, and it shall be <br /> a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a <br /> minor. It shall further be a violation to coerce or attempt to coerce a minor to illegally purchase or <br /> otherwise obtain or use any tobacco,tobacco product,or tobacco related device. This subdivision shall <br /> not apply to minors lawfully involved in a compliance check. <br /> E. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise <br /> his or her true age by the use of a false form of identification, whether the identification is that of <br /> another person or one on which the age of the person has been modified or tampered with to represent <br /> an age older than the actual age of the person. <br /> Subd. 12. Civil Enforcement. <br /> The license holder shall be responsible for the conduct of its agents or employees while they are on the licensed <br /> premises, Any violation of this Ordinance shall be considered an act of the license holder for purposes of <br /> imposing a civil penalty,license suspension or revocation. Each violation,and every day in which a violation <br /> occurs or continues, shall constitute a separate offense. <br /> Subd. 13. Hearings and Appeals. <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 of <br /> his or her right to be heard on the accusation. <br /> B. General. Following receipt of a Notice of Denial issued under Subd. 3 or Notice of Violation and <br /> Penalty issued under this subdivision, or a Notice of Revocation, an applicant or license holder may <br /> request a hearing before the City Council. A request for a hearing shall be made by the applicant or <br /> license holder in writing and filed with the City Clerk within 10 days of the mailing of the Notice of <br /> Denial or alleged violation. Following receipt of a written request for hearing,the applicant or license <br /> holder shall be afforded an opportunity for a hearing before the City Council. <br /> C. Findings. If after the hearing,the applicant is found ineligible for a license or is found to have violated <br /> this Ordinance,the City Council may affirm the denial,impose a fine,issue a suspension or revocation, <br /> or impose any combination thereof. The decision shall be in writing and shall set forth the reasons for <br /> the findings of the City Council. Copies shall be provided to the applicant or license holder. Likewise, <br /> if the City Council finds that no violation occurred or finds grounds for not imposing any penalty,such <br /> findings shall be recorded and a copy provided to the applicant or license holder. <br /> D. Decision. If the City Council determines that a violation of this Ordinance did occur, that decision, <br /> along with the City Council's reasons for finding a violation and the penalty to be imposed under Subd. <br /> 14 of this Ordinance, shall be recorded in writing, a copy of which shall be provided to the accused <br /> violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not <br /> imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused <br /> violator. <br /> E. Default. If the applicant or license holder has been provided written notice of the denial or violation <br /> and if no request for a hearing is filed within the 10 day period,then the denial,penalty,suspension or <br /> revocation imposed pursuant to this section shall take effect immediately by default. The City Clerk <br /> shall mail the Notice of the denial, fine, suspension or revocation to the applicant or license holder. <br /> 5 <br />
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