04-24-2019 Council Packet - Laserfiche WebLink

Home Browse Search

802-10 violation call for such a sanction. (c) The imposition of an administrative fine upon a licensee, and/or suspension of license or revocation of a license will be processed pursuant to Little Canada City Code Chapter 800. Licensees, whose licenses have been revoked, shall not be eligible for another Tobacco Products or General Sales and Display license or a Tobacco Store license for a minimum period of one year from the date of said revocation. 802.100. INSPECTION/COMPLIANCE CHECKS. Any applicant or licensee shall permit the City, or its representatives, to inspect and examine the place of business described in the application or license. Any refusal on the part of the applicant, or licensee, to permit such inspection will be sufficient grounds for the Council to refuse the application applied for or suspend a license previously granted. The City of Little Canada, or its authorized representative, will conduct at least one compliance check that involves the participation of a person between the ages of 15 and 17 and at least one compliance check that involves the participation of a person between the ages of 18 and 20] to enter licensed premises to attempt to purchase Licensed Products. Prior written consent is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. may at any time conduct unannounced compliance checks of each licensee. Any finding of noncompliance with the requirements of this Chapter or other applicable regulations shall constitute a violation of this section. 802.105. VIOLATIONS. (A) Violations. (1) Notice. A person violating this ordinance may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number. (2) Hearings. (a) Upon issuance of a citation, a person accused of violating this ordinance may request in writing a hearing on the matter. Hearing requests must be made within 10 business days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within 10 business days of the issuance of the citation will terminate the person’s right to a hearing. (b) The City Clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. (3) Hearing Officer. The City Council will designate a hearing officer. The hearing Commented [NCP14]: See note below re: violation and appeals process. The city may consider explicitly including information about that in the ordinance for including a separate provision citing to this other code chapter for readability purposes. We also are unable to comment on the process since this chapter was not subject to our review. Commented [NCP15]: The city does not have any due process language pertaining to the violation and appeals process. The city may consider adding the following language: (A)Violations. (1)Notice. A person violating this ordinance may be issued, either personally or by mail, a citation from the city that sets forth the alleged violation and that informs the alleged violator of his or her right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number. (2)Hearings. (a)Upon issuance of a citation, a person accused of violating this ordinance may request in writing a hearing on the matter. Hearing requests must be made within 10 business days of the issuance of the citation and delivered to the City Clerk or other designated city officer. Failure to properly request a hearing within 10 business days of the issuance of the citation will terminate the person’s right to a hearing. (b)The City Clerk or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. (3)Hearing Officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing. (4)Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in section 11, division (A)(6) of this section. (5)Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing. (6)Appeals. Appeals of any decision made by the hearing officer must be filed in Wilkin County district court within 10 business days of the date of the decision. (7)Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.