3.3. SR 04-27-1998 - Laserfiche WebLink

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708.24 - ADMINISTRATIVE HEARING PROCESS. 1. If a person accused of violating this ordinance so requests, an administrative hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. 2. Hearing Panel. The administrative hearing panel shall consist of the members of the City Council. It shall be the duty of the administrative hearing panel 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 and shall take place in conjunction with a regularly scheduled city council meeting as a separate process either before or after the regularly scheduled city council meeting. 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 panel shall determine whether a violation has actually occurred, and if so, the penalty . The decision of the hearing panel shall be supported by a findings-of-fact and order that provides a detailed summary supporting the final decision. A copy of the order and the findings-of-fact 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 order pursuant to Minn. Stat. Section 461.12, subd. 7, as amended. 5. Failure to Pay Administrative Penalty. If the violtor fails to pay the administrative penalty, the city may collect the delinquent fine 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 ceremony. It shall be an affirmative defense to a violation of this ordinance for a person to have relied in good faith upon proof of age as described in Minn. Stat. Section 340A, 503, subd. 6, as amended. 708.28 - SEVERABILITY AND SAVINGS CLAUSE. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance. X\elkriverksys\shrdoc\document\or~nanc\tobacco3.doc'