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u (c) Prosecution of violation as misdemeanor. Unless otherwise noted, any person violating any provision of this article or any person violating any provisions of Minn. Stat. § 151.72 shall be guilty of a misdemeanor, and upon conviction shall by subject to the penalties for a misdemeanor as prescribed by state law. Each day a violation continues shall be considered a separate misdemeanor offense punishable by a separate misdemeanor penalty. (d) Administrative penalties. Certain administrative penalties are presumed to be appropriate and shall apply to all premises licensed under this chapter. The council may deviate from the presumptive penalty where the council finds that there exist substantial reasons meriting deviation. When deviating from these standards, the council will provide written findings that support the penalty selected. The following are presumed penalties for violations: Type Of Violation 1st 2nd 3rd 4th Violation Violation Violation Violation Sale of cannabinoid products while Revocation. N/A N/A N/A license is under suspension. Sale of cannabinoid products to $750.00 $1,000.00 and $1,500.00 and 6 Revocation underage person. 3 days days Other violations of Minn. Stat. $250.00 $500.00 and 3 $1,000.00 and 6 Revocation § 151.72 or this chapter. I days days *The number of days listed in the table reflect the length of time a license will be suspended. (e) Computation of Violations. Any violation which occurred within two (2) years of the current violation will be counted. Number of days indicate consecutive days' suspension. (f) Administrative Penalties Process. The licensee shall be responsible for the conduct of its agents or employees while on the licensed premises. Any violation of this chapter shall be considered an act of the licensee for purposes of imposing an administrative penalty, license suspension, or revocation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. No administrative penalty 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 a hearing as provided for suspension and revocation pursuant to chapter 3 8, article II. (g) Alternative penalties for use of false identification; persons under age 21. Persons under 21 years of age who use or attempt to use false identification to purchase Cannabinoid Products may be subject to cannabinoid-related education classes, diversion programs, community service, or other penalty that the city believes will be appropriate or effective. (h) Summary Action. The city administrator or designee may undertake summary action as permitted by section 38-35(e). 223852v9