Agenda - Council - 03/25/2003 - Laserfiche WebLink

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CONSIDER IMPOSITION OF TOBACCO LICENSE ADMINISTRATIIVE PENALTY By: Police Chief James Way William lC Goodrich, City Attorney ~.CASE # 9 Consent Agenda Background: City Code Section 7.93 regulates youth access to tobacco and amongst several other provisions, requires a minimum of one unannounced compliance check of each tobacco licensee annually. On September 12, 2002, a compliance check of all 24 on the City's tobacco licensees was conducted. Six licensees sold tobacco to a minor in violation of Code Section 7.93 and State law. Licensee, T & T Liquors, 6415 Highway 10 NW ("T&T") was one of the licensees who sold tobacco to a minor and failed the compliance check. 'T&T's clerk pled guilty to a violation of the City code in District Court. T&T, as the licensee is subject to an administrative penalty. The City scheduled the heating for March 12, 2003. At that time, T&T's president appeared and represented that T&T would not further contest the administrative penalty and requested the 10 day license suspension instead of the $500.00 fine offered by City Staff. City Code prescribes that the civil penalty for a first violation is $500.00 ad/or license suspension for a period of 10-days. The City Council has the duty under the City Code to confirm all administrative penalties. Enclosure: T&T's 2003 Tobacco License Recommendation: Staff recommends that the Council approve, as the civil penalty in this case, a 10-day suspension of T&T's Tobacco License. Council Action: Motion to assess al0-day Tobacco License suspension to T&T Liquors, Inc., 6415 Highway I0 NW, Ramsey, Minnesota as an administrative civil penalty for violation of Section 7.93.06 of the City Code on September 12, 2002. The specific dates of the suspension shall be determined by the City's Police Chief. Review Checklist: City Administrator City Clerk -53-