HomeMy WebLinkAbout10. Hearing on Tobacco Violation
ID.
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
email: jthomson@kennedy-graven,com
MEMORANDUM
TO: Mayor and City Council
FROM: Jim Thomson, City Attorney
DATE: July 30, 2004
RE: Tobacco Hearing/Twin Cities Stores, Inc dba Oasis Market, 615 Marschall Road
The City Council has scheduled a hearing regarding the sales of tobacco products to minors for
August 4,2004 at 7:00 p.m. The licensee is Twin Cities Stores, Inc. dba Oasis Market located at
615 Marschall Road. The licensee has received mailed notice ofthe hearing. The purpose of the
hearing is to determine whether action should be taken against the licensee as a result of an
alleged violation on May 16,2004.
The hearing is required because this would be the licensee's third violation within three years.
The City's tobacco ordinance provides that a third violation within three years is punishable by a
civil penalty of $1,000 and either suspension of the license for 30 days or revocation of the
license.
I recommend that the following procedure be used for conducting the hearing:
1. I will give a preliminary statement setting forth the purpose of the hearing and a summary
of the penalty that can be imposed by the City Council. As part of my preliminary
statement, I will inform the licensee that they have the option of either admitting that the
violation occurred or disputing the violation. If they admit the violation, they will be
allowed to describe any extenuating circumstances that they feel are relevant. If they
request a hearing, they will be allowed to present their side of the story to City Council.
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2. The mayor will then ask the licensee to come to the podium. If the licensee is present, the
mayor should first ask them if they have any questions regarding the procedure that is
going to be followed. The mayor should then ask the licensee whether they admit the
violation. If the licensee admits the violation, they should be given the opportunity to
explain any extenuating or mitigating circumstances. If the violation is admitted, the
Council needs to decide whether it wants to suspend the license for 30 days or revoke the
license. The amount ofthe civil penalty set forth in the ordinance is $1,000.
3. Ifthe licensee requests a hearing, I will summarize the particular facts of the violation as
set forth in the police report. The mayor will then give the licensee an opportunity to
present any facts they would like to present. It is also possible that the police officer who
was involved with the incident will be asked to provide information on the violation.
4. After the hearing is completed, the City Council will then make a decision on whether the
violation occurred and, if so, whether to suspend the license for 30 days or to revoke it.
If it is determined that the licensee did in fact violate the law, by admission or as determined
by the city council, the appropriate action would be to:
a. Impose a fine of $1,000 on Twin Cities Stores, Inc. dba Oasis Market #528, 615 South
Marschall Road, for a third violation for the sale of tobacco to a minor within three years,
and suspend the license for 30 days, beginning at 12:01 a.m. on August 9, 2004 and
ending at 12:00 midnight on September 7, 2004. (Or some other dates as desired by the
council.)
OR
b. Impose a fine of $1,000 on Twin Cities Stores, Inc. dba Oasis Market #528, 615 South
Marschall Road, for a third violation for the sale of tobacco to a minor within three years,
and revoke the license effective. . .
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