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<br />Item No: 07B <br />Meeting Date: September 24, 2012 <br />Type of Business: CB <br />Administrator Review : ____ <br />City of Mounds View Staff Report <br /> To: Honorable Mayor and City Council <br /> From: Desaree Crane, Assistant City Administrator <br /> <br /> Item Title/Subject: Resolution 7993, Authorizing an Administrative Penalty to <br />CVS Pharmacy, located at 2800 County Road 10, for <br />Violation of Chapter 512 of the Mounds View City Code <br /> <br />Background: <br /> <br />In accordance of the Mounds View City Code Section 512.09, it states: <br /> <br />512.09: COMPLIANCE CHECKS AND INSPECTIONS: <br /> <br />All licensed premises shall be open to inspection by the police department or <br />other authorized City official during regular business hours. From time to <br />time, but at least once per year, the City shall conduct compliance checks by <br />engaging, with the written consent of their parents or guardians, minors over <br />the age of 15 years but less than 18 years to enter the licensed premise to <br />attempt to purchase tobacco, tobacco products, tobacco-related devices, or <br />nicotine or lobelia delivery devices. Minors used for the purpose of <br />compliance checks shall be supervised by city designated law enforcement <br />officers or other designated city personnel. Minors used for compliance <br />checks shall not be guilty of unlawful possession of tobacco, tobacco <br />products, tobacco-related devices, or nicotine or lobelia delivery devices <br />when those items are obtained as a part of the compliance check. No minor <br />used in compliance checks shall attempt to use a false identification <br />misrepresenting the minor's age, and all minors lawfully engaged in a <br />compliance check shall answer all questions about the minor's age asked by <br />the licensee or his or her employee and shall produce any identification, if <br />any exists, for which he or she is asked. Nothing in this Chapter shall prohibit <br />compliance checks authorized by state or federal laws for educational, <br />research, or training purposes, or required for the enforcement of a particular <br />state or federal law. <br /> <br />On August 27, 2012, the Mounds View Police Department, along with the coordination of <br />the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks <br />on the thirteen licensed businesses that sell tobacco and cigarettes. Four of the thirteen <br />failed the compliance checks, which were: <br /> <br />CVS Pharmacy – 2800 County Road 10 <br />Mounds View BP – 2155 County Road 10 <br />Sam’s Market – 2408 County Road I <br />Walgreens – 2387 County Road 10