HomeMy WebLinkAbout7.B. Hearing on Alleged Tobacco License Violation-Tony's Super Mercado, Inc.
CITY OF SHAKOPEE J. (b~
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerkr
SUBJECT: Alleged Tobacco License Violation
DATE: January 11,2007
INTRODUCTION:
A hearing was set by City Council on December 19,2006 to consider the alleged tobacco
violation of Tony's Super Mercado Inc., 123 West Second Avenue.
BACKGROUND:
Notice was sent to Tony's Super Mercado Inc. concerning the alleged violation of selling tobacco
products to a minor. The notice informed the licensee that the City Council will consider this
issue at its January 16,2007 meeting at 7:00 p.m.
Any licensee who furnishes, sells or attempts to sell tobacco, tobacco products or tobacco related
devices to a minor or whose employee furnishes, sells or attempts to sell tobacco, tobacco
products or tobacco related devices to a minor shall be charged an administrative fine and shall
also have his or her license suspended as outlined in the City Code. This isthe first violation for
the licensee within a three-year period. For the first violation, the City Code provides for a $200
fine + a 2 day license suspension.
The penalty for a first or second incident shall be imposed and administered by the City
Administrator upon an admission by the licensee that the licensee furnished, sold, or attempted to
sell tobacco, tobacco products or tobacco related devices to a minor. Tony's Super Mercado Inc.
has not admitted to the violation nor have they signed the "Waiver and Admission of Violation".
Also, they have not renewed their tobacco license for 2007.
The purpose of this agenda item is to allow the licensee to appear before the Council and either
admit or deny the violation. Ifthey admit the violation, there is no need for a hearing. If,
however, a licensee denies the violation, a hearing before a hearing officer will need to be
scheduled if the City Council is considering suspension or revocation of the license. In this case,
because the licensee no longer has a tobacco license, there is no reason to impose a suspension.
Therefore, the City Council can determine whether the violation occurred without the use of a
hearing officer.
Tobacco License Hearing
January 11, 2007
Page 2
RECOMMENDATION:
It is recommended that the City Council proceed as follows:
1. The City Attorney will give a brief summary of the background and purpose for the
agenda item.
2. The Mayor would then call the licensee and the licensee will have an opportunity to
admit or deny the violation and to give any extenuating circumstances they feel are
relevant. If the licensee admits the violation, the City Council can impose the penalty
immediately. If the licensee denies the violation, the City Council can determine
whether the violation occurred, without the use of a hearing officer, and impose the
penalty.
3. If the licensee does not appear at the meeting, they will have waived their right to a
hearing and the City Council can impose the penalty.
~6,~3 Subd.12. Administrative Penalties.
A. Licensees. Any licensee who furnishes, sells or attempts to sell tobacco, tobacco
products or tobacco related devices to a minor or whose employee furnishes, sells
or attempts to sell tobacco, tobacco products or tobacco related devices to a minor
, shall be penalized as follows:
First Incident $200 fine + 2 day license suspension
Second Incident Within 36 Months
of First Incident $500 fine + 5 day license suspension
Third or Subsequent Incident
Within 36 Months of First
Incident $1,000 fine + 30 day license suspension
Or revocation
The penalty for a first or second incident shall be imposed and administered by the
City Administrator upon an admission by the licensee that the licensee furnished,
sold, or attempted to sell tobacco, tobacco products or tobacco related devices to a
minor. The penalties for a third or subsequent incident may only be imposed by
the City Council.
Any revoked license shall not be eligible for reinstatement for at least twelve (12)'
months. (Amended, Ord. 633, July 18, 2002)
B. Other Individuals. Any individual who sells tobacco, tobacco products or tobacco
related devices to a minor shall be charged an administrative penalty of $50.00,
subject to the right to a hearing before the City Council as provided in Subdivision
11 of this Section. Nothing in this Section shall prohibit the City or other jurisdiction
from seeking criminal prosecution for any alleged violation of this Section by any
individual other than a licensee or employee of a licensee.
Subd.13. Criminal Penalties.
A. It shall be a gross misdemeanor for anyone to sell tobacco, tobacco products or
tobacco-related devices to a minor.
B. It shall be a misdemeanor for anyone to furnish tobacco, tobacco products or
tobacco-related devices to a minor.
C. It shall be a petty misdemeanor for a minor to smoke, chew, sniff or otherwise use
tobacco, tobacco products or tobacco-related devices.
D. It shall be a petty misdemeanor for a minor to have in minor's possession tobacco,
tobacco products' or tobacco-related devices. This provision does not apply to a
minor who is an employee of a license. holder while stocking' tobacco,. tobacco
products or tobacco-related devices or to a minor lawfully involved in a compliance
check.
E. It shall be. a petty misdemeanor for a minor to purchase, or attempt to purchase
tobacco, tobacco products or tobacco-related devices, or for any person to
purchase or otherwise obtain such items on behalf of a minor. This provision does
not apply to a minor who purchases or attempts to purchase tobacco-related
products while under the direct supervision of a responsible adult for training,
education, research, or enforcement purposes.
F. It shall be a petty misdemeanor for a minor to sell, furnish, or give away any
tobacco, tobacco products or tobacco-related devices.
page revised in 2004
621