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