Agenda Packets - 2012/09/24 - Laserfiche WebLink

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Item 07B Monday, September 24, 2012 Page 3 In addition, under 512.11, subd. 2 of the Code, the employee who sold the cigarettes can also receive an administrative penalty (in addition to the court citation issued) for violating Chapter 512. This section of the City Code states: 512.11: VIOLATIONS AND PENALTY: Subd. 2. Individuals: Any person who sells tobacco to a person under the age of eighteen (18) years shall be charged an administrative penalty of one hundred dollars ($100.00) for a first offense and fifty dollars ($50.00) additional for every subsequent offense. This penalty shall be in addition to the penalty charged under Section 512.11, Subd. 1. No penalty under this Subdivision, shall take effect until the person against whom the penalty will be charged 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 within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Section has occurred shall be in writing. Judicial appeal shall be as provided for by state law. If the City Council wishes to issue an administrative penalty to the employee who sold the cigarettes, then Staff will be required to notify the employee in accordance with the City Code. Recommendation: Staff recommends issuing an administrative penalty in the amount of one-hundred and fifty dollars to CVS Pharmacy for violating Chapter 512 for selling cigarettes to someone under the age of eighteen. Staff was notified by the manager of CVS Pharmacy that a representative from the business will be present at this meeting. Respectfully Submitted, __________________________ Desaree Crane Assistant City Administrator