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Mounds View City Council December 10, 2001 <br />Regular Meeting Page 21 <br />Council Member Thomas explained that some of the changes being made are not only changes in <br />penalties but also a significant change to possession for the minors which was not there before. <br />She then asked if possession of tobacco was an administrative offense. <br />Acting Chief Brennan indicated that the Ordinance would give the City the option of diversion <br />rather than writing out an administrative offense. <br />Council Member Thomas asked what language would be inserted in the Ordinance from the <br />public hearing. <br /> <br />Council Member Quick asked what the penalty is for parents. <br />Acting Chief Brennan indicated it was a misdemeanor. <br />Council Member Quick asked if there is a penalty for allowing minors to consume tobacco on <br />your property. <br />Acting Chief Brennan indicated there was not. <br />Council Member Thomas indicated that these changes give the retailer a defense that they did not <br />have before because, in most cases, the retailers are working hard to make sure their <br />establishments are in compliance with the tobacco ordinance. <br />Council Member Thomas suggested a $50.00 fine for someone who purchases, possesses or <br />consumes under age18, or the diversionary program which costs $40.00. <br />Acting Chief Brennan indicated it would be better to get the kids into the diversion program and <br />said he feels that should be the first priority. <br />Council Member Thomas asked what the fees for a first and second offense would be in court <br />Acting Chief Brennan indicated he was told that the court usually assesses a $75.00 fine when it <br />hears a case and he assumes that would be for a first offense. <br />Council Member Marty suggested requiring that the first offense should be a ticket to the <br />diversion program rather than offering options. <br />Council Member Thomas asked how many repeat kids NW Youth and Family Services sees in its <br />diversion program. <br />Mr. Lofquist indicated that approximately 14% of the kids are seen a second time. He then <br />indicated that the consequences become more extreme as the kids go through the system. <br />• It was the consent of Council to add a penalty of $50.00 for the second offense and another ticket <br />to the diversion program. <br />