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<br />(c) Other offenses.
<br /> (1) Whoever furnishes tobacco, tobacco-related devices, nicotine, or electronic delivery devices,
<br />to a person under the age of 218 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 />Commented \[PHLC14\]: State law provides that the
<br />second violation with a person under 18 is a gross
<br />(2) A person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco-
<br />misdemeanor. If a city or county raises the age higher, sales
<br />related devices, a product containing or delivering nicotine or lobelia intended for human
<br />to persons 18-20 can only be a misdemeanor – the highest
<br />penalty for age-related violations.
<br />consumption, or any part of such a product, that is not tobacco, or an electronic delivery
<br />device as defined by section 26-31, and who uses a driver's license, permit, Minnesota
<br />identification card, or any type of false identification to misrepresent the person's age, is
<br />guilty of a misdemeanor.
<br />(21(3) Use where prohibited. It is a violation of this section for any person to use an electronic
<br />delivery device in an area where prohibited by this section, or to use an electronic delivery
<br />device in an area where prohibited by a private policy established by the proprietor or other
<br />person in charge of the area.
<br />(324) Proprietors. It is a violation of this section for the proprietor, person, or entity that
<br />owns, leases, manages, operates, or otherwise controls the use of an area in which the use of
<br />an electronic delivery device is prohibited under this section to knowingly fail to comply with
<br />or enforce the provisions of this section.
<br />(d) Alternative penalties for use of false identification; persons under age 21Underage
<br />PersonsPetty misdemeanor. Persons under 21 years of age Minors who use or are found in
<br />unlawful possession of, or who unlawfully purchase or attempt to use false identification to
<br />purchase, tobacco, tobacco-related products or tobacco-related devices may be subject to
<br />tobacco-related education classes, shall be charged an administrative fee of $75.00 per offense or
<br />a minimum fee of $25.00 and satisfactory completion of a diversion programs, community
<br />service, or other penalty that acceptable to the city believes will be appropriate or effective. Except
<br />Commented \[PHLC15\]:
<br />Note: Alternative consequences for underage persons to
<br />as otherwise provided in subdivision (c), a person under the age of 18 years, who possesses,
<br />use false identification to attempt to purchase tobacco
<br />smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco, tobacco-related
<br />products.
<br />devices, nicotine, or electronic delivery devices, is guilty of a petty misdemeanor.
<br />(e) Notice. No administrative penalty or license suspension or revocation may take effect until the
<br />licensee or other individual has received notice, served personally by mail, of the alleged violation
<br />and of the opportunity for a hearing pursuant to chapter 38, articleArticle II.
<br />(f) Prosecution of violation as misdemeanor. Unless otherwise noted, any person violating any
<br />provision of this Article, or other similar state law, shall be guilty of a misdemeanor, and upon
<br />conviction shall by subject to the penalties for a misdemeanor as prescribed by state law. Each
<br />day a violation continues shall be considered a separate misdemeanor offense punishable by a
<br />separate misdemeanor penalty. Nothing in this section Article shall prohibit the city from seeking
<br />misdemeanor prosecution, administrative penalties, or both as a misdemeanor for any alleged
<br />violation of this article or state law. If the city elects to seek misdemeanor prosecution, such action
<br />shall not prohibit an administrative penalty from also being imposed, and does not affect the
<br />city’s right to suspend or revoke the license of a licensee as the city council deems appropriate.
<br />(g) Unless otherwise noted, any person violating any provision of this article or of any other law shall
<br />be guilty of a misdemeanor, and upon conviction shall by subject to the penalties for a
<br />Last Updated January 2019
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