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Home My WebLink About7.A. Impose Penlty for Tobacco Violation Public Hearings 7. A. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Lori Hensen, Deputy City Clerk DATE: 03/18/2014 SUBJECT: Impose Penalty for Tobacco Violation (F) Action Sought On February 18, 2014, City Council set a hearing for March 18, 2014 to consider the alleged tobacco violation that occurred during a compliance check on August 14, 2013. Background A notice was sent to Riverside Liquors concerning their alleged violation of selling tobacco products to a minor. The notice informed them that the City Council will consider this issue at its March 18, 2014 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 is the first violation for the licensee within a three -year period. For the first violation, the City Code provides for a $500 fine + a 1 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, attempted to sell tobacco, tobacco products or tobacco related devices to a minor. Riverside Liquors, Inc. has signed the "Waiver and Admission of Violation ". The purpose of this agenda item is to allow the licensee to appear before the Council and either admit or deny the violation. If they 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. Relationship to Visioning Goal F: Housekeeping Requested Action Acknowledge receipt of the "Waiver and Admission of Violation" from Riverside Liquors, Inc., 507 East 1st Avenue, for sale of tobacco to a minor and impose a penalty for the first violation in the amount of $500.00 and a one day license suspension, provided, however, that the one day license suspension will be suspended for one year on the condition that both the licensee and their employees have no further incidents of furnishing, selling or attempting to sell tobacco, tobacco products or tobacco related devices to a minor. Attachments: