City of Deer River Municipal Ordinances
G. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
A. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine of $ 75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a thirty-six (36) month period; and, $250.00 for a third or subsequent offense at the same location within a thirty-six (36) month period. In addition, after the third offense, the license shall be suspended for not less than seven (7) days, and the licensee shall be required to appear before the City Council to present a plan of: staffing changes, technology changes and/or physical environment changes.
B. Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this subsection, found to be in violation of this ordinance shall be charged an administrative fee of $50.00.
C. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices, shall be charged an administrative fee of $50.00. The administrative fee shall be increased by $50.00 for each subsequent offense and any time false identification has been used by the offender. Up to $50.00 of the fee may be suspended if the offender successfully completes an approved cessation class.
D. Misdemeanor/Gross Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor/gross misdemeanor for any violation of this ordinance.
10. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor 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 on proof of age as described by State law.
8.205 Repealed 11-08-99
8.206 Public drinking. No person shall consume intoxicating liquors or 3.2 beer on any streets, sidewalks, or other public grounds in the City except events where temporary licenses have been issued.
8.207 Repealed 10-17-07