2002.03.04 RESO 2002-0007 - Laserfiche WebLink

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RESOLUTION NO. 2002-7 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA RESOLUTION OF THE CITY COUNCIL APPROVING ADVISORY GUIDELINES FOR ESTABLISHMENT OF CIVIL PENALTIES FOR VIOLATIONS REGARDING THE SALE OF TOBACCO WHEREAS, Minnesota Statute §609.685 provides that it is a misdemeanor to sell, barter, furnish or give tobacco to a person under 18 years of age; and a gross misdemeanor for a second violation within 5 years; City Ordinance No. 1997-317 contains similar and other provisions governing the sale of tobacco; and, WHEREAS, regular compliance checks are conducted to ensure that those establishments holding municipal tobacco licenses in the City of Hugo are in compliance with the state statute. In the event that a tobacco license establishment is proved to have violated state law, then the Council is called upon to determine how to proceed properly; and WHEREAS, the City Council, upon proof of violation of state law, may revoke the license or permit, suspend the license or permit for a period of time and/or impose a civil penalty for each violation, or impose any combination of these sanctions. NOW, THEREFORE, in order to guide the City Council and in order to create a uniform system for dealing with these violations, the City Council for the City of Hugo does hereby approve the following: T. BE IT RESOLVED that the following designated civil penalties shall constitute advisory guidelines for City Council action in cases of violation of City issued tobacco licenses. It is understood that the Council may deviate from these advisory guidelines based upon circumstances presented in individual cases. Prohibited Sales as defined by Ordnance Section 50.060 Sale of Tobacco to Minors, Illegal Procurement of Tobacco (or permit a person under the age of 18 years to use tobacco products on the licensed premies): First Offense: Fifty Dollars ($50.00) civil fine paid to the City of Hugo. Second Offense: One Hundred Dollars ($100.00) civil fine and one five-day license suspension (Monday through Friday) paid to the City of Hugo. Third Offense: One Hundred Fifty Dollars ($150.00) civil fine and a license suspension to be determined by the City Council.