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<br />§ 5.12.110
<br />ORONO CODE
<br />Self-service merchandising means open displays
<br />of tobacco, tobacco products, or tobacco -related
<br />devices in any manner where any person shall
<br />have access to the tobacco, tobacco products, or
<br />tobacco -related devices, without the assistance
<br />or intervention of the licensee or the licensee's
<br />employee. The assistance or intervention shall
<br />entail the actual physical exchange of the tobacco,
<br />tobacco product or tobacco -related device between
<br />the customer and the licensee or employee. The
<br />term "self-service merchandising" does not include
<br />vending machines.
<br />Tobacco and tobacco products mean any
<br />substance or item containing tobacco leaf, includ-
<br />ing, but not limited to, cigarettes; cigars; pipe
<br />tobacco; snuff; fine cut or other chewing tobacco;
<br />cheroots; stogies; perique; granulated, plug cut,
<br />crimp cut, ready -rubbed, and other smoking
<br />tobacco; snuff flowers; cavendish; shorts; plug
<br />and twist tobaccos; dipping tobaccos; refuse scraps,
<br />clippings, cuttings and sweepings of tobacco; and
<br />other kinds and forms of tobacco leaf prepared in
<br />such manner as to be suitable for chewing,
<br />sniffing or smoking.
<br />Tobacco -related devices means any tobacco
<br />product as well as a pipe, rolling papers or other
<br />device, including an e-cigarette, intentionally
<br />designed or intended to be used in a manner
<br />which enables the chewing, sniffing, inhalation
<br />or smoking of tobacco or tobacco products.
<br />Vending machine means any mechanical,
<br />electric or electronic, or other type of device
<br />which dispenses tobacco, tobacco products or
<br />tobacco -related devices upon the insertion of
<br />money, tokens or other form of payment directly
<br />into the machine by any person.
<br />(Code 2003, § 50-31; Ord. No. 164(2nd series),
<br />§ 200(11), 12-8-1997; Ord. No. 126(3rd series),
<br />§ 1, 11-10-2014)
<br />Sec. 5.12.120. Violations.
<br />(a) Notice. Upon discovery of a suspected viola-
<br />tion of this article, the alleged violator shall be
<br />issued, either personally or by mail, a citation
<br />that sets forth the alleged violation and which
<br />shall inform the alleged violator of his right to be
<br />heard on the accusation.
<br />(b) Hearings. If a person accused of violating
<br />this article so requests within ten days of receipt
<br />of a citation, a hearing shall be scheduled, the
<br />time and place of which shall be published and
<br />provided to the accused violator. Failure to file
<br />an appeal within ten days of the citation shall
<br />constitute a waiver of the person's right to a
<br />hearing.
<br />(c) Hearing officer. The city council shall serve
<br />as the hearing officer.
<br />(d) Decision. If the hearing officer determines
<br />that a violation of this article did occur, that
<br />decision, along with the hearing officer's reasons
<br />for finding a violation and the penalty to be
<br />imposed under section 5.12.130, shall be recorded
<br />in writing, a copy of which shall be provided to
<br />the accused violator. Likewise, if the hearing
<br />officer finds that no violation occurred or finds
<br />grounds for not imposing any penalty, such
<br />findings shall be recorded and a copy provided to
<br />the acquitted accused violator.
<br />(e) Appeals. Appeals of any decision made by
<br />the hearing officer shall be filed in the district
<br />court for the city in which the alleged violation
<br />occurred.
<br />(f) Misdemeanor prosecution. Nothing in this
<br />section shall prohibit the city from seeking
<br />prosecution as a misdemeanor for any alleged
<br />violation of this article. If the city elects to seek
<br />misdemeanor prosecution, no administrative
<br />penalty shall be imposed.
<br />(g) Continued violation. Each violation of this
<br />article, and every day in which a violation occurs
<br />or continues, shall constitute a separate offense.
<br />(Code 2003, § 50-32; Ord. No. 164(2nd series),
<br />§ 1300, 12-8-1997; Ord. No. 178(3rd series), § 4,
<br />10-10-2016)
<br />State law references —Administrative penalties, Minn.
<br />Slats. § 461.12, subds. 2, 3; appeals, Minn. Stats. § 461.12,
<br />subd. 7.
<br />Sec. 5.12.130. Penalties.
<br />(a) Licensees. Any licensee found to have
<br />violated this article, or whose employee shall
<br />have violated this article, shall be charged an
<br />administrative fine pursuant to a penalty schedule
<br />determined by the city and published in the fee
<br />CD5:20
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