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4. Notice. No penalty or suspension may take effect until the licensee or other individual has received notice served personally by mail, of the alleged violation and of the opportunity for an administrative hearing pursuant to Section 708.24 of this ordinance. 5. Misdemeanor. Nothing in this Section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. If the City elects to seek misdemeanor prosecution, such action shall not prohibit an administrative penalty from also being imposed. 708.24 - ADMINISTRATIVE HEARING PROCESS. 1. If a person accused of violating this ordinance so requests within forty-five (45) days from the date of the notice, an administrative hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. 2. Hearing Officer. The hearing shall be conducted by a person authorized by the City to conduct the hearing. It shall be the duty of the hearing officer to determine whether a violation of the city's tobacco ordinance has occurred. 3. Hearing. The hearing must be scheduled within fourteen (14) days of the request. Notice of the date, time and place of the hearing must be provided to the accused at least ten (10) days prior to the hearing. At the hearing, the alleged violator should again be informed of the charges, the basis of the charges, and be given the opportunity to provide his/her response. The person should be allowed to present any evidence he or she believes to be relevant. Any evidence the City has collected should also be made a part of the record at the administrative hearing. Following the review of any evidence and testimony, the hearing officer shall determine whether a violation has occurred, and if so, the penalty. The decision of the hearing officer shall be in the form of a written findings-of-fact, conclusions and an order that provides the reasons for the final decision. A copy of the hearing officer's findings-of-fact, conclusions and order shall be provided to the alleged violator. 4. Post-Hearing. If a penalty is imposed, the violator shall be informed where and how to pay the penalty and of the right to appeal the hearing officer's order pursuant to Minn. Stat. Section 461.12, subd. 7, as amended. 5. Failure to Pay Administrative Penalty. If the violator fails to pay the administrative penalty, the city may coiiec5 the delinquent penalty by any legal means. 708.26 - EXCEPTIONS AND DEFENSES Nothing in this ordinance shall prevent the provision of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural