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licensee or the licensee's employee. The assistance or intervention shall entail the actual physical <br />exchange of the THC product between the customer and the licensee or employee. <br />THC Product. Any product that contains more than trace amounts of tetrahydrocannabinol <br />and that meets the requirements to be sold for human or animal consumption under Minnesota <br />Statutes, section 151.72. <br />Vending machine. Any mechanical, electric or electronic or other type of device which <br />dispenses THC products upon the insertion of money, tokens or other form of payment directly <br />into the machine by the person seeking to purchase the THC product. <br />Secs. 12-53-12-60. Reserved. <br />DIVISION 2. ADMINISTRATION AND ENFORCEMENT <br />Sec. 12-61. Violations. <br />a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either <br />personally or by mail, a citation that sets forth the alleged violation and which shall inform <br />the alleged violator of the right to be heard on the accusation. <br />b) Hearings. If a person accused of violating this article so requests, a hearing shall be <br />scheduled, the time and place of which shall be published and provided to the accused <br />violator. <br />c) Hearing officer. The city council shall serve as the hearing officer. <br />d) Decision. If the hearing officer determines that a violation of this article did occur, that <br />decision, along with the hearing officer's reasons for finding a violation and the penalty to <br />be imposed under section 12-62, shall be recorded in writing, a copy of which shall be <br />provided to the accused violator. Likewise, if the hearing officer finds that no violation <br />occurred or finds grounds for not imposing any penalty, such findings shall be recorded and <br />a copy provided to the acquitted accused violator. <br />e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district <br />court. <br />f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking <br />prosecution as a misdemeanor for any alleged violation of this article. If the city elects to <br />seek misdemeanor prosecution, no administrative penalty shall be imposed. <br />g) Continued violation. Each violation, and every day in which a violation occurs or continues, <br />shall constitute a separate offense. <br />Sec. 12-62. Penalties. <br />a) Licensees. Any licensee found to have violated this article, or whose employee shall have <br />violated this article, shall be charged an administrative fine as determined by the city <br />council. In addition, after the third offense, the license shall be suspended for not less than <br />seven days. <br />DOCSOPEN\SP275\1\836560.v2-11/3/22