HomeMy WebLinkAbout7.C. Hearing on Alleged Tobacco Violations
CITY OF SHAKOPEE ~ C~
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Hearings on Alleged Tobacco Violations
DATE: December 13,2006
INTRODUCTION:
City Council is asked to impose appropriate penalties to tobacco licensees who sold
tobacco to minors during a compliance check on July 27, 2006.
BACKGROUND:
The 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 second violation within a three-year period who
admits to the violation need not appear before the City Council.
There were two licensees who did not pass the compliance checks on July 27,2006.
They are Shakopee Kwik Mart, Inc. (first violation) andTurtle's Bar and Grill, Inc. (first
violation). These two licensees have admitted to the violation and have signed the
"Waiver and Admission of Violation". Although City Council set December 19,2006 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 ($200.00 fine
and two day license suspension). 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.
One of the licensees has requested that their penalty be imposed on a Saturday and
Sunday.
RECOMMENDED ACTION:
1. Acknowledge receipt of the "Waiver and Admission of Violation" from Shakopee
Kwik Mart, Inc., 234 West 1st First 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 of the license for two days, beginning at 12:01 a.m. on December 29,
2006 and ending at 12:00 midnight on December 30, 2006.
2. Acknowledge receipt ofthe "Waiver and Admission of Violation" from Turtle's
Bar and Grill, Inc., 132 East 1st Avenue, forthe sale oftobacco 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 December 29,2006 and
ending at 12:00 midnight on December 30, 2006.
TobaccoHearing2006