1.2relating to municipal tobacco licenses; authorizing alternatives to license
1.3suspension for sales to minors upon compliance with certain requirements;
1.4amending Minnesota Statutes 2010, section 461.12, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2010, section 461.12, subdivision 2, is amended to read:
1.7    Subd. 2. Administrative penalties; licensees. (a) If a licensee or employee of a
1.8licensee sells tobacco or tobacco-related devices to a person under the age of 18 years, or
1.9violates any other provision of this chapter, the licensee shall be charged an administrative
1.10penalty of $75. An administrative penalty of $200 must be imposed for a second violation
1.11at the same location within 24 months after the initial violation. For a third violation at the
1.12same location within 24 months after the initial violation, an administrative penalty of
1.13$250 must be imposed, and the licensee's authority to sell tobacco at that location must be
1.14suspended for not less than seven days.
1.15(b) No suspension or penalty may take effect until the licensee has received notice,
1.16served personally or by mail, of the alleged violation and an opportunity for a hearing
1.17before a person authorized by the licensing authority to conduct the hearing. A decision
1.18that a violation has occurred must be in writing.
1.19(c) In lieu of the license suspension provisions of this subdivision or a similar local
1.20ordinance, the licensing authority may take any alternative, authorized enforcement action
1.21that the authority deems fit if it determines that the violation was caused by a sincere
1.22mistake made by an employee of the licensee. Prior to making a determination to take
1.23alternative enforcement action, the licensing authority shall consider whether or not the
2.1licensee has a company policy which prohibits the sale of tobacco to minors, provides
2.2relevant employee training, and conducts unannounced compliance checks on employees.