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State law reference(s)—Administrative penalties, Minn. Stat. § 461.12, subds. 2, 3; <br />appeals, Minn. Stat. § 461.12, subd. 7. <br />Sec. 5.12.155. Administrative penalties. <br />(a) Licensees. Any licensee found to have violated this article, or whose employee <br />shall have violated this article, shall be charged an administrative fine pursuant to a penalty <br />schedule determined by the city and published in the fee schedule adopted by the city <br />council at a regularly scheduled council meeting. In addition, after the second offense, the <br />license shall be suspended for not less than three days. After the third offense, the license <br />shall be suspended for not less than seven days. <br />(b) Employees of licensees and other individuals. Any individual 21 years of age or <br />older who is found to be in violation of this ordinance may be subject to an administrative <br />fine not exceeding fifty dollars ($50), or may be required to complete an instructional <br />program on the requirements of the tobacco retail licensing ordinance, at the expense of the <br />license holder. <br />(c) Misdemeanor. Nothing in this section shall prohibit the city from seeking <br />prosecution as a misdemeanor for any violation of this article by a person 21 years of age <br />or older. <br />(Ord. No. 164 2nd series, § 1400, 12-8-1997) <br />State law reference(s)—Proof of age as defense, Minn. Stat. §§ 340A.503, subd. 6, <br />461.12, subd. 6. <br />Sec. 5.12.160. Signs and Advertising <br />Signs advertising any licensed product shall be governed by Orono Code § 6.12. <br />(Ord. No. 164 2nd series, § 1100, 12-8-1997) <br />Sec. 5.12.165. Smoking prohibited. <br />It shall be unlawful for any person to smoke in any location where smoking is <br />prohibited by the Minnesota Clean Indoor Air Act, or for any person to allow the same. <br />236900v1 <br />99 <br />