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Minnesota Session Laws 1997, Chapter 227 Page 3 of 4 ________ of the county and in a town or a home rule charter or statutory city if the town or city does not license and regulate - xetail tobacco sales. Retail establishments licensed by a town or city to sell tobacco are not required to obtain a second license for the same location under the licensing ordinance of the county Subd. 2. [ADMINISTRATIVE PENALTIES; LICENSEES.] If a licensee or employee of a licensee sells tobacco to a person under the age of 18 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $75_ An administrative penalty of 5200 must be imposed for a second violation at the same location within 24 months after the initial violation. For a third violation at the same location within 24 months after the initial violation, an administrative .penalty of 5250 must be imposed, and the licensee's authority to sell tobacco at that location must be suspended for not less than seven days. No suspension or penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Subd. 3. [ ADMINISTRPTIVE PENALTY; INDIVIDUALS.) An individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing. Suhd. 4. [MINORS.] The licensing authority shall consult with interested educators, parents, children, and representatives of the court system to develop alternative penalties for minors who purchase, possess, and consume tobacco. The licensing authority and the interested persons shall consider a variety of options, including, but not limited to, tobacco free education programs, notice to schools, parents, community service, and other court diversion programs. Subd. 5. [COMPLIA.NCE CHECKS.] A licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco is sold to test compliance with section 609.685. Compliance checks must involve minors over the age of 15, but under the age of 18, who, with the prior written consent of a parent or guardian, attempt to purchase tobacco under the direct supervision of a law enforcement officer at an employee of the licensing authority - Subd. 6. [DEFENSE.] It is an affirmative defense to the charge of selling tobacco to a person under the age of 18 _years in violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof of age as described in section 340A.503, subdivision 6. Subd „ ICI REVIErd.] Anv parson aggrieved b a decision under V subdivision 2 or 3 may have the decision reviewed in the district court in the same manner and procedure as provided in section 462.361. Sec. 5. [461.17] [MANUFACTURERS TO REPORT CERTAIN SUBSTANCES TO ASSIST IN ENFORCEMENT OF LOCAL ORDINANCES.] Subdivision 1. (ANNUAL REPORT REQUIRED.] Each manufacturer of tobacco products sold in Minnesota shall provide the commissioner of health with an annual report, either on paper or by electronic means. The report shall be provided in a form and at a time specified by the commissioner, identifying, for each brand of such product, any of the following substances present in detectable levels in the product in its unburned state and if the product is typically burned when consumed, in its burned state: (1) ammonia or any compound of ammonia; (2) arsenic; (3) cadmium; (4) formaldehyde; and (5) lead. The form for annual reports under this section is not a rule for purposes of chapter 14, including section 14.386. 9/16/97 9:54:50 AM