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HomeMy WebLinkAbout7. Alleged Tobacco Violations CITY OF SHAKO PEE 7. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Alleged Tobacco Violations DATE: December 29, 2009 INTRODUCTION: On December 1, 2009, City Council set a hearing for January 5, 2010 to consider the alleged tobacco violations that occurred during a compliance check on May 28, 2009. BACKGROUND: Notices were sent to Speedway SuperAmerica LLC, Tobacco Express, Inc., and Stop & Shop Stores Co. concerning their alleged violation of selling tobacco products to a minor. The notice informed the licensees that the City Council will consider this issue at its January 5, 2010 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 licensees 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. Speedway SuperAmerica LLC has signed the "Waiver and Admission of Violation". Tobacco Express, Inc. has not signed the "Waiver and Admission of Violation"; the owner, Mr. Ayman Shahin, would like to speak to the Council regarding the incident. Stop & Shop Stores Co. has not signed the "Waiver and Admission of Violation", nor, at the time ofthis writing, have they submitted an application for a license for 2010. The purpose of this agenda item is to allow the licensees 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. PENAL TIES: 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 license suspension begin at 12:01 a.m. on the second Friday following Council action; however, Council may wish to consider another time. The licensees will be notified of Council's action. 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. RECOMMENDED ACTION: 1. Acknowledge receipt of the "Waiver and Admission of Violation" from Speedway SuperAmerica LLC, 1155 East 1 st Avenue, 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 ofthe tobacco license for two days beginning at 12:01 a.m. on January 15, 2010 and ending at 12:00 midnight on January 16, 2010. If there is an admission of the violation, or iflicensee does not appear at the meeting: 2. Move to impose a penalty on Tobacco Express, Inc., 1148 Vierling Drive East, 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 ofthe tobacco license for two days, beginning at 12:01 a.m. on January 15, 2010 and ending at 12:00 midnight on January 16, 2010. 3. Move to impose a penalty on Stop & Shop Stores Co., 234 West 1 st A venue, 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 ofthe tobacco license for two days, beginning at 12:01 a.m. on January 15,2010 and ending at 12:00 midnight on January 16,2010. (If Council chooses an alternate time for the two day suspension, it is recommended that it be the same for all three licensees.) TobaccoHearing2009 ~6.23 F. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. G. Prosecution. Nothing in this Section shall prohibit the City from seeking prosecution for any alleged violation. Subd. 12. Administrative Penalties. A. Licensees. Any licensee who fumishes, 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 ficense suspension Second Incident Within 36 Months of First Incident $500 fine + 5 day ficense 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. page revised in 2006 621 .. '1. CITY OF SHAKOPEE vPDf7T€. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Alleged Tobacco Violations DATE: January 5,2009 INTRODUCTION AND BACKGROUND UPDATE This is an update regarding the tobacco violation of Stop & Shop Stores Co., 234 West First Avenue. Since the writing of the December 29,2009 memo regarding tobacco violations of three tobacco licensees, staff has received a call from the Stop & Shop Store representative. I was advised that the convenience store and gas station was recently closed and that there is no intention of reopening it. Also, the 2009 tobacco license has expired and no application has been received for renewal of it for 2010. RECOMMENDED ACTION Staff recommendation, therefore, is, for City Council to make a motion to take no action on the tobacco violation of Stop & Shop Store Co., 234 First Avenue West, due to the fact that the business has ceased operation and their tobacco license has expired.