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Home My WebLink About7. Administrative Penalties for Tobacco Violations-Ord. No. 831 CITY OF SHAKOPEE I. Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Administrative Penalties for Tobacco Violations (A) DATE: February 26,2010 INTRODUCTION: Per direction of the City Council, the attached Ordinance No. 831 has been drafted for Council consideration and discussion. BACKGROUND: At the January 19, 2010 City Council meeting, staffwas directed to draft an ordinance amending certain penalties for tobacco violations and to mail notices to tobacco license holders advising of the proposed changes. The attached ordinance changes the penalties for first and second incidents. The penalty for the first incident increases the fine from $200 to $500 and reduces the license suspension from 2- days to I-day and provides that the I-day license suspension is suspended on the condition that there are no further incidents within one year. The penalty for the second incident increases from $500 to $750 and the 5-day license suspension remains. A notice was mailed to all tobacco license holders and the Scott County Health Director, Jennifer Deschaine, advising them that the City Council would be discussing the penalty changes at their meeting on March 2, 2010. I received a call from Ms. Deschaine yesterday afternoon and she advised that Scott County Public Health has no objections to the proposed penalty changes; a written communication will be forthcoming. ALTERNATIVES: 1. Adopt Ordinance No. 831 2. Amend Ordinance No. 831 3. Do nothing leaving current penalties in place RECOMMENDATION: After taking comments from those present, and if Council concurs, Offer Ordinance No. 831, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 6.23, Tobacco, Tobacco Products and Tobacco Related Devices, Subd. 12 Administrative Penalties, and move its adoption. ORDINANCE NO. 831, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 6.23, TOBACCO, TOBACCO PRODUCTS AND TOBACCO RELATED DEVICES, SUBD.12. ADMINISTRATIVE PENALTIES (New language is indicated by underlining and deleted language is indicated by strik6throughs) THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, DOES ORDAIN: Section I. City Code Chapter 6, Other Business Regulation and Licensing, Section 6.23, Tobacco, Tobacco Products and Tobacco Related Devices, Subd. 12, Administrative Penalties, is hereby amended to read as follows: 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 $-2-00 $500 fine + ~ I day license suspension, provided, however, that the I day license suspension will be suspended for one (1 ) vear on the condition that both the licensee and his employees have no further incidents of furnishing, selling or attempting to sell tobacco, tobacco products or tobacco related devices to a minor Second Incident Within 36 $-SOO $750 fine + 5 day license suspension Months of First Incident Third or Subsequent Incident $1,000 fine + 30 day license suspension Within 36 Months of First Or revocation Incident 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. 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. Section 2. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,2010. Mayor of the City of Shakopee ATTEST: City Clerk 10 \Jit~ ~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 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 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 Subd.. 7. Penalities, (Added, Ord. 621, March 2:i, 2002) ALc-o ~ 0 t... A. The purpose of this subdivision is to establish a uniform set of penalties fOi licensees who furnish or sell alcoholic beverages to minors. The penalties 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 or sold an alcoholic beverage to a minor. The penalties for a third or fourth incident may only be imposed by the City Council. (Amended, Ord, 634, July 18, 2002) B. The following penalties shall be imposed if a iicensee furnishes or sells alcoholic beverages to a minor: (Amended, Ord. 634, July 18, 2002) 1. A $1,000 fine and a one (1 )-day license suspension for the first incident, provided, however. that $500 of the fine and the one ( 1 )-day license suspension will be suspended for one (1) year on the condition that the licensee has no further incidents of furnishing or selling alcohoiic beverages t<J'minor during that one (1 )-year period; (Amended, Ord. 634, July 18. 2002) 2. A $1,500 fine and a five (5)-day license suspension for a second incident occurring within three (3) years of the date of the previous incident; 3. A $2,000 fine and a ten (10)-day license suspension for a third incident occurring within three (3) years of the dates of the previous two (2) incidents; 4. A $2,000 fine and a suspension of the license for a minimum of thirty (30) days or a revocation of the license for a fourth or subsequent incident occurring within three (3) yeaTS of the dates of the previous incidents. (Amended, Ord. 634, July 18. 2002) C. All multiple-day license suspensions shall run consecutively beginning at 12:01 a.m. on the first day of the suspension period and ending at midnight on the last day of the suspension period. D. Any person whose license to sell alcoholic beverages is revoked under this subdivision may not apply for a new license for at least thirty (30) days after the effective date of the revocation. E. No suspension or revocation shall be imposed by either the City Council or the City Administrator until the licensee has been afforded an opportunity for a hearing in accordance with Section 5.02, Subdivision 4 of this Chapter. SEC. 5.09. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No 3.2 percent malt liquor, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed bYt;;"Minnesota Statutes by filing: (Amended, Ord. 779, July 12.2007) A. Evidence of financial responsibility as required by State law is fumisheei- by filing a liability insurance policy. a certificate of such insurance or a binder for such coverage in the fOnTI and in the amount and conditioned all as required by Minnesota Statutes, Section 340A.409, Subdivision 1 (1) in force and effect at the time of filing the license application. B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Subdivision; or, Mark McNeill From: Deschaine, Jennifer [JDeschaine@co.scott.mn.us] Sent: Friday, February 26,201012:47 PM To: Judy Cox Cc: Marschall, Barbara; Hennen, Jerry; Walsh, Tim; Mark McNeill; Shelton, Gary; Brown, Merrilee Subject: Proposed Shakopee City Ordinance No. 829 February 26, 2010 To the Shakopee Mayor and City Council, Pursuant to your notification of the Community Health Board (CHB) regarding the proposed amendments to Shakopee City Code, Section 6.23, Subd. 15, for changes to the penalties for tobacco license holders and their employees who furnish, sell or attempt to sell tobacco, tobacco products or tobacco related devices to a minor, I am responding on behalf of Barbara Marschall, Scott County CHB Chair and Commissioner representative for Shakopee and Jerry Hennen, Commissioner representative for Shakopee. As the Community Health Administrator for the CHB, I reviewed with Commissioners Marschall and Hennen the proposed changes to Shakopee City Code, Section 6.23, Subd. 15, summarized as follows: . The penalty for the first incident would increase from $200.00 to $500.00 and the license suspension would decrease from two days to one day and the one day would be suspended for one year on the condition that no further incidents occur within that one year period. . The penalty for the second incident within 36 months of the first incident would increase from $500.00 to $750.00 and the five day suspension would still stand. Neither Commissioners Marschall or Hennen have any objections to the proposed changes. Thank you for your request to review and comment on Shakopee City Code, Section 6.23, Subd. 15. The Scott County CHB supports healthy, livable communities. If you have any further questions, please contact me at 952-496-8270 or ideschaine@co.scott.mn.us . Jennifer Deschaine Community Health Services Administrator Scott County Community Health Board 1