12-08-1997 Council Packet - Laserfiche WebLink

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to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Section 1300. Violations. Subd. 1. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth th:, alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this Ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd. 3. Hearing Officer. The City Council shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this Ordinance did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under Section 1400 of this Ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the City in which the alleged violation occurred. Subd. 6. Misdemeanor Prosecution. Nothing in this Sec'.ion shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Section 1400. Penalties. Subd. 1. Licensees. Any licensee found to have violated this Ordinance, or whose employee shall have violated this Ordinance, shall be charged an administrative fine pursuant to a penalty schedule determined from time to time by the City and published in the current fee schedule adopted by the City Council at a regularly scheduled Council meeting. In addition, after the second offense, the license shall be suspended for not less than three days. After the third offense the license shall be suspended for not less than seven days. Subd. 2. Other Individuals. Individuals, other than minors, found to be in violation of this