HomeMy WebLinkAbout5.F.8. Tobacco Violation
CITY OF SHAKOPEE SoF. r:
Memorandum
Mayor and City Council CONS~l~T
TO: . B . La'
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
RE: Tobacco Violation - Tobacco Express Inc.
DATE: March 12,2010
INTRODUCTION
City Council is asked to impose the appropriate penalty on Tobacco Express Inc. who sold
tobacco to a minor during a compliance check on May 28,2009.
BACKGROUND
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. Mr. Ayman
Shahin from Tobacco Express Inc. asked the Council ifthey would consider imposing a higher
fine rather than closing the business for two days. His business consists primarily of the sale of
tobacco products and revoking his license for two days would mean he would need to close the
store. Council tabled imposing a penalty on Tobacco Express Inc. and directed staffto prepare
an amendment to the tobacco ordinance setting the penalty for the first offense of the tobacco
ordinance to be consistent with the first offense of the alcohol ordinance for exclusive tobacco
stores.
On January 19,2010 Council discussed the draft amendment to the tobacco ordinance and
directed staff to reword the amendment to include all tobacco license holders and to establish the
penalty for the first occurrence to a $500 fine with a one day tobacco license suspension and that
the one day license suspension be stayed for one year if there is no second offense within a one
year period. The second offense within 36 months would be a $750 fine with a 5 day tobacco
license suspension. The third offense would remain the same as the original ordinance. Staff did
notify all tobacco license holders that council would be considering the amendment at their
regular meeting on March 2,2010.
On March 2, 2010 Council adopted Ordinance No. 831. The penalty for the first incident
increasesd the fine from $200 to $500 and reduced the license suspension from two days to one
day and provided that the one day suspension is suspended on the condition that there are no
further incidents within one year. The penalty for the second incident increased from $500 to
$750 and the five day license suspension remains. No license holder attended the meeting.
On March 3, 2010, a notice was sent to Tobacco Express Inc. concerning their violation of
selling tobacco products to a minor. The notice informed the license holder that the City Council
would be considering their alleged tobacco violation at its March 16,2010 meeting and that they
would be provided the opportunity to present evidence as to whether a violation occurred.
Tobacco Violation - Tobacco Express Inc.
March 12,2010
Page 2
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.
Mr. Ayman Shahin of Tobacco Express Inc. has signed the "Waiver and Admission of
Violation". He also advised staff that he appreciates the actions taken by the City Council to
amend the penalties for tobacco violations, which do not necessitate the closing of his store at
this time.
RECOMMENDED ACTION
Acknowledge receipt of the ..Waiver and Admission of Violation" from 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 $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 his employees have no further incidents of furnishing, selling or attempting to sell tobacco
products or tobacco related devises to a minor.
h: \Licenses\ TobaccoHearingT obaccoExpress