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<br /> (c) A sale of the business as defined in this section without the approval and issuance of a new
<br /> license shall result in the unlicensed sale of tobacco,tobacco products,aftd tobacco related
<br /> devices, nicotine, or electronic delivery devices, as the case may be. Transfer of this amount of
<br /> ownership interest without prior council approval is a ground for revocation or suspension of
<br /> the license. In addition, each day the licensee operates under the license after a transfer has
<br /> taken place without obtaining council approval will be a separate violation of this article.
<br /> SECTION 14. That §26-73 Penalty shall be amended as follows:
<br /> (a) Licensees. Any licensee found to have violated this article, or whose employee has violated this
<br /> article, shall be charged an administrative penalty of$75.00 for a first violation of this article,
<br /> $200.00 for a second offense at the same licensed premises within a 24-month period, and
<br /> $250.00 for a third or subsequent offense at the same location within a 24-month period. In
<br /> addition, after the third offense, the license shall be suspended for not less than seven days.
<br /> (b) Othei�peiosow. Other itidividuals, other thaft nainors, found to be in violation of this article sh
<br /> be charged an adtnitiistrative peiialty of$50.00.
<br /> (b) Penal to sell.
<br /> 1. Whoever sells tobacco,tobacco products,tobacco-related devices, a product containing or
<br /> delivering nicotine or lobelia intended for human consumption, or any part of such product
<br /> that is not tobacco, or an electronic delivery device as defined by Section 26-31,to a person
<br /> under the age of 18 years is guilty of a misdemeanor for the first violation.Whoever violates
<br /> this article a subsequent time within five years of a previous conviction under this article is
<br /> guilty of a gross misdemeanor subject to the exceptions and defenses set forth in Section 26-36.
<br /> (c) Other o,fenses.
<br /> 1. Whoever furnishes tobacco,tobacco-related devices, nicotine, or electronic delivery devices,
<br /> to a person under the age of 18 years,is guilty of a misdemeanor for the first violation.
<br /> Whoever violates this article a subsequent time within five years of a previous conviction
<br /> under this article is guilty of a gross misdemeanor.
<br /> 2. A person under the age of 18 years who purchases or attempts to purchase tobacco,
<br /> tobacco-related devices, a product containing or delivering nicotine or lobelia intended for
<br /> human consumption, or any part of such a product,that is not tobacco, or an electronic
<br /> delivery device as defined by Section 26-31, and who uses a driver's license,permit,
<br /> Minnesota identification card, or any type of false identification to misrepresent the person's
<br /> age,is guilty of a misdemeanor.
<br /> _�d) Petty Misdemeanor. Except as otherwise provided in subdivision c,a person under the age of 18
<br /> years,who possesses, smokes, chews, or otherwise ingests,Purchases, or attempts to purchase
<br /> tobacco,tobacco-related devices, nicotine, or electronic delivery devices,is guilty of a petty
<br /> misdemeanor.
<br /> purchase,tobacco,tobacco 3 or tobacco related devices,
<br /> devices, shaR be prosecuted accorditig to state law and be required to complete tobacco relate
<br /> educatioti classes, diversion programs, or commuti" •
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<br /> Last Updated March 2014 ltI
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