HomeMy WebLinkAbout9. Hearings on Alleged Tobacco Violations
CITY OF SHAKOPEE Cf#
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Hearings on Alleged Tobacco Violations
DATE: September 28, 2005
INTRODUCTION:
City Council is asked to impose appropriate penalties to tobacco licensees who sold tobacco to
minors during compliance checks on June 16 and July 10,2005.
BACKGROUND:
Thy city code outlines specific penalties for violations of licensees who sell tobacco to minors;
On July 2, 2002, City council amended the city code to allow the City Administrator to impose
the penalties for a first or second incident within a three-year period, upon an admission by the
licensee that the licensee furnished or sold tobacco to a minor. Any licensee with a first or
seqmd violation within a three~year period who admits to the violation need not appear before
the City Council.
There were three licensees who did not pass the compliance checks on June 16 and July 10,
2005. They are: Hennen's Shell (second violation), Roseen & Roseen, Inc. dba MGM Liquor
(first violation), and Speedway Superamerica LLC dba Superamerica #4546 (first violation). The
three licensees have admitted to the violation and have signed the "Waiver and Admission of
Violation". Although City Council set October 4,2005 to hear the alleged violations, no hearing
is required because of the receipt of the signed waiver and admission of violation.
RECOMMENDATION:
It is recommended that the penalties outlined in the city code be imposed. Consistent with past
actions of the City Council and for purposes of discussion, staff is recommending that the
penalties begin at 12:01 a.m. on a Friday; however, Council may wish to consider another time
during the week. The licensees will be notified of Council's action.
RECOMMENDED ACTION:
1. Acknowledge receipt of the "Waiver and Admission of Violation" from Hennen's Shell,
807 East First Avenue, for the sale oftobacco to a minor and impose a penalty for the
second violation in the amount of $500.00 and a suspension of the license for five days,
beginning at 12:01 a.m. on October 14,2005 and ending at 12:00 midnight on October
18,2005.
2. Acknowledge receipt ofthe "Waiver and Admission of Violation" from Roseen &
Roseen dba MGM Liquor, 471 South Marschall Road, for the sale of tobacco to a minor
and impose a penalty for the first violation in the amount of$200.00 and a suspension of
the license for two days, beginning at 12:01 a.m. on October 14,2005 and ending at
12:00 midnight on October 15,2005.
3. Acknowledge receipt of the "Waiver and Admission of Violation" from Speedway
Superamerica LLC dba Superamerica #4546, 1298 East Vierling Drive, for the sale of
tobacco to a minor and impose a penalty for the first violation in the amount of $200.00
and a suspension of the license for two days, beginning at 12:01 a.m. on October 14,2005
and ending at 12:00 midnight on October 15,2005.
Licenses/tobaccohearingl0-l-05
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 toa 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.
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