Agenda Packets - 2012/09/24 - Laserfiche WebLink

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Item 07B Monday, September 24, 2012 Page 2 The employee who sold the cigarettes in each case was issued a court citation for violating Minnesota State Statute Section 609.685, subd 1a, which states that sale of tobacco to someone under the age of eighteen is guilty of a misdemeanor. Discussion: Mounds View City Code Chapter 512 covers cigarette and tobacco products. Selling cigarettes and tobacco to someone under the age of eighteen violates state law and the City Code. Under Section 512.11 of the City Code a licensee or employee who violates any provision of Chapter 512, shall be charged with an administrative penalty. Section 512.11, subd 1, of the Code states: 512.11: VIOLATIONS AND PENALTY: Subd. 1. Licensees: If a licensee or an employee of a licensee violates any provision of this Chapter, the licensee shall be charged an administrative penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of a licensee violates any provision of this Chapter a second time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of four hundred dollars ($400.00). If a licensee or an employee of a licensee violates any provision of this Chapter a third time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of five hundred dollars ($500.00). No penalty under this Subdivision shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested by the licensee within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law. After Staff was notified of the compliance failures, Staff drafted letters to the four businesses that failed the compliance checks. Staff notified the businesses that a hearing will take place at the September 24, 2012, City Council Meeting to discuss the violation and the administrative penalty. All letters were sent by certified mail. Attached is the letter that was sent to CVS Pharmacy on September 11, 2012, notifying them of the compliance violation, the administrative penalty, and the hearing. This is a first violation for CVS Pharmacy. Under the City Code, the administrative penalty for a first offense is one- hundred and fifty dollars.