1.1 	A bill for an act
1.2 	relating to municipal licensing; providing that a tobacco licensee or employee of 
1.3 	a licensee criminally charged with selling tobacco to a minor is not subject to 
1.4 	an administrative penalty; amending Minnesota Statutes 2006, section 461.12, 
1.5 	subdivision 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 461.12, subdivision 3, is amended to read:
1.8 		Subd. 3.Administrative penalty; individuals. An individual who sells tobacco 
1.9 	to a person under the age of 18 years must be charged an administrative penalty of $50, 
1.10 	unless the individual is charged criminally with a violation of section 609.685. No penalty 
1.11 	may be imposed until the individual has received notice, served personally or by mail, 
1.12 	of the alleged violation and an opportunity for a hearing before a person authorized by 
1.13 	the licensing authority to conduct the hearing. A decision that a violation has occurred 
1.14 	must be in writing.