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Attachment B 422 be mailed or delivered to the accused violator at least 10 business 423 days prior to the hearing. 424 3. Hearing Officer. The City Council will designate a hearing officer. The 425 hearing officer will be an impartial employee of the city or an impartial person 426 retained by the city to conduct the hearing. 427 4. Decision. A decision will be issued by the hearing officer within 10 business 428 days of the hearing. If the hearing officer determines that a violation of this 429 ordinance did occur, that decision, along with the hearing officerÓs reasons for 430 finding a violation and the penalty to be imposed, will be recorded in writing, a 431 copy of which will be provided to the city and the accused violator by in- 432 person delivery or mail as soon as practicable. If the hearing officer finds that 433 no violation occurred or finds grounds for not imposing any penalty, those 434 findings will be recorded and a copy will be provided to the city and the 435 acquitted accused violator by in-person delivery or mail as soon as practicable. 436 The decision of the hearing officer is final, subject to an appeal as described in 437 section 11, division (A)(6) of this section. 438 5. Costs. If the citation is upheld by the hearing officer, the cityÓs actual expenses 439 in holding the hearing up to a maximum of \[ $1,000 \] must be paid by the 440 person requesting the hearing. 441 6. Appeals. Appeals of any decision made by the hearing officer must be filed in 442 Ramsey County district court within 10 business days of the date of the 443 decision. 444 7. Continued violation. Each violation, and every day in which a violation occurs 445 or continues, shall constitute a separate offense. 446 B. Administrative penalties. 447 1. Licensees. Any licensee found to have violated this ordinance, or whose 448 employee violated this ordinance, will be charged an administrative fine of \[ 449 $3001,000 \] for a first violation; \[ $600$2,000 \] for a second offense at the 450 same licensed premises within a 36-month period; and \[ $12,000 \] for a third 451 or subsequent offense at the same location within a 36-month period. Upon the 452 second violation, the license will be suspended for a period of 3 consecutive 453 days. Upon the third violation, the license will be suspended for a period of not 454 less than \[ 30 \] 7 consecutive days. and may be revoked. Upon a fourth 455 violation, the license will be revoked. (Ord 1594 12-07-2020) 456 2. Other individuals. Individuals, other than persons under the age of 21, who are 457 found to be in violation of this ordinance will be charged an administrative fine 458 of \[ $50250 \]. (Ord 1594 12-07-2020) 459 3. Statutory penalties. If the administrative penalty authorized to be imposed by 460 Minn. Stat. § 461.12, as it may be amended from time to time, differ from that 461 established in this section, then the higher penalty will prevail. 462 C. Misdemeanor prosecution. Nothing in this section prohibits the city from seeking 463 prosecution as a misdemeanor for an alleged second violation of this ordinance by a 464 person 21 years of age or older within five years of a previous conviction under the