6.1. SR 07-21-2008 - Laserfiche WebLink

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-8- thvrd or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. (b) Other Persons Other individuals, other than minors, found to be in violation of this article shall be charged an administrative penalty of $50. (c) Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase tobacco, tobacco products or tobacco-related devices shall be prosecuted according to state law and be required to complete tobacco-related education classes, diversion programs, or community services. (d) Notice. No penalty or suspension 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 pursuant to Chapter 38 Article II. (e) Prosecution of violation as misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article or state law. If the city elects to seek misdemeanor prosecution, such action shall not prohibit an administrative penalty from also being imposed. (~ Any person violating any provision of this ordinance or of any other law 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. A fine or sentence imposed does not affect the right of the city to suspend or revoke the license of the licensee as the Council deems appropriate. Secs. 26-74 to 26-90. Reserved. Passed and adopted by the City Council of the City of Elk River this day of , 2008. Stephanie Klinzing, Mayor ATTEST: Tina Allard, Ciry Clerk S:\Administration\Licenses\Tobacco\Ordinance Amendment 2007\Ordinance Final Tobacco May 09.doc