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<br />(b) Administrative Penalty for sales and furnishing; lndividualsto sell. Whoever sells, gives, or
<br />otherwise furnishes tobacco, tobacco products, tobacco -related devices, electronic delivery
<br />devices, or nicotine or lobelia delivery productsa product containing or delivering nicotine or
<br />lobelia intended for human consumption, or any part of such product that is not tobacco, or an
<br />electronic delivery device as defined by section 26-31, to a person under the age of 2118 years is
<br />guilty of a misdemeanormay be subject to the Administrative Penalties set forth in Minn. Stat.
<br />�461.12, Subd. 4, as amended from time to time.
<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 that
<br />is not tobacco, or an electronic delivery device as defined by section 26-31, to a person under the
<br />age of 18 years is guilty of a misdemeanor for the first violation. Whoever violates this article a
<br />subsequent time within five years of a previous conviction under this article is guilty of a gross
<br />misdemeanor subject to the exceptions and defenses set forth in section 26-36.
<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 />(2) A person under the age of 18 years who purchases or attempts to purchase tobacco, tobacco -
<br />related devices, a product containing or delivering nicotine or lobelia intended for human
<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 21 Underage
<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 />as otherwise provided in subdivision (c), a person under the age of 18 years, who possesses,
<br />smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco, tobacco -related
<br />devices, nicotine, or electronic delivery devices, is guilty of a petty misdemeanor.
<br />�AVRE
<br />Last Updated January 2019
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