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CASE <br /> <br /> YOUTH ACCESS TO TOBACCO ORDINANCE COMPLIANCE ISSUES <br /> By: David Gustafson, Police Chief and ~, <br /> William K. Goodrich, City Attorne~~ ~ <br />Background: ~ <br />The City's Youth Access to Tobacco Ordinance became effectiv~in February, 1998. As you will <br />recall, the ordinance provides for mandatory complia~cfi~ks. One such compliance check <br />was conducted by the City's Police Department on Ap~ 31~1998. The checks were performed, <br />under the direction of the Police Department, by a min'0r"who attempted to purchase a tobacco <br />product. All 18 of the City's tobacco licensees were checked. Four of the licensees allowed the <br />minor to purchase a tobacco product. In each case, the licensee's employee selling the tobacco <br />product was an adult. <br /> <br />Each of the selling employees who the City alleges violated the ordinance was notified of the <br />violation at the time of the occurrence. Ordinance No. 98-02 provides for an administrative civil <br />penalty to the selling employee of $500.00 and/or license suspension for ten days. <br /> <br />Recommendation: <br /> <br />Because these are the first violations of this ordinance, we are very concerned about precedent <br />setting for future violations. Anoka County District Court has taken the position that the <br />administrative civil penalty system may not be used with regard to juveniles charged with <br />violating the ordinance, and therefore, juveniles violating will need to be charged with <br />misdemeanOrs in District Court. Therefore, to be consistent, we feel that all individuals charged <br />should be prosecuted through the Court system and charged with a misdemeanor. <br /> <br />With regard to the licensees, staff recommends that we offer to stipulate a settlement with them, <br />as first time violators, which settlement would require payment of the $500.00 mandatory fine <br />and n._qo license suspension. <br /> <br />Council Action: <br /> <br />Motion to direct the City Attorney and Police Chief to prosecute in District Court, the individual <br />sellers charged with violating Ordinance No. 98-02 and charge each of them with a <br />misdemeanor. <br /> <br />Motion to direct the City Attorney and Police Chief to negotiate with the licensees charged with <br />violating Ordinance No. 98-02 and offer to settle the violation with each of them by paying a <br />$500.00 administrative civil penalty and require n._9_o tobacco license suspension. <br /> <br /> Reviewed by: <br /> City Attorney <br /> Police Chief <br /> City ,~dministrator <br />05/12/98 <br /> bacco.doc <br /> <br /> <br />