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3. Findings. If the City of Gem Lake Council finds that a violation of this Ordinance did occur, that decision, along with the Council’s reasons for finding a violation and the penalty to be imposed under Section 11. of this Ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. 4. Appeals. Appeals of any Findings made in accordance with Section 10.1.3. shall be filed in Ramsey County district court for the jurisdiction of the City in which the alleged violation occurred. 5. Misdemeanor Prosecution. Nothing in this Ordinance 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. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 11. 1. Administrative Penalties. Any Person who violates the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be subject to the following penalties: 1. Licensees. Any Licensee and any employee of the Licensee found to have violated this Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee Schedule, and a license suspension of not less than seven (7) days for each subsequent offense at the same premises of a licensed Retail Establishment within a twenty-four (24) month period. In addition, Licensees are subject to penalties as determined in Minnesota State Statute 461.12. 2. Other Individuals. Other individuals, other than persons under the age of 21 years regulated by Section 11.1.3, found in violation of this Ordinance shall be charged an administrative fine, as determined by the City’s adopted Fee Schedule. 3. Minors. Persons under the age of 21 years found to have violated this Ordinance shall be subject to an administrative fine of twenty (20) hours of community service approved by the City for a first violation of this Ordinance; and, an administrative fine of forty (40) hours of community service and completion of a tobacco related education or diversion program approved by the City. 4. Misdemeanor. Nothing in this Section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this Ordinance. 2. Criminal Penalties. Any Person who violates any of the provisions of this Ordinance which prescribe that certain action is unlawful and in violation of this Ordinance shall be guilty of a misdemeanor and, upon prosecution and conviction thereof, shall be fined in an amount, as established by the City’s adopted Fee Schedule, or imprisonment up to thirty (30) days or both for each subsequent violation within a twenty-four (24) month period. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. Section 12. 1. Exceptions and Defenses. Nothing in this Ordinance shall prevent the providing licensed products to a person under the age of 21 years as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied upon proof of age as described by State law.