HomeMy WebLinkAbout2002.03.04 RESO 2002-0007RESOLUTION 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.
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Fourth or Subsequent Offense: At City Council discretion.
2. BE IT FURTHER RESOLVED that it is the policy of the City Council
that the above sanctions shall be issued and calculated as against all offenses occurring within a 24 -
consecutive month period from the date of the most recent violation. Any violations having
occurred beyond 24 consecutive months prior to the most recent violation shall not be counted in
terms of imposing the sanctions noted above.
3. BE IT FURTHER RESOLVED that if the City Council imposes a civil
fine, the Council shall also allow the license holder a reasonable time to pay the fine. A reasonable
time to pay means that all fines shall be paid within 60 days unless the Council determines that a
longer period of time is justified under the circumstances of the case. Failure of a license holder to
pay a fine within the time prescribed by the City Council shall cause that license to be immediately
suspended until full payment is received by the City.
4. BE IT FURTHER RESOLVED that any license holder who has had their
license or permits suspended or revoked pursuant to City action shall not be allowed to operate the
activity which required the license until the license is reinstated. Any operation during a period of
suspension or revocation shall be deemed to be an additional violation of the City's Tobacco
License Ordinance and of state law.
in favor:
WHEREUPON, a vote being taken upon the motion, the following members voted
Mike Granger, Becky Petryk, Frank Puleo, and Fran Miron
the following voted against: NONE
Passed by the City Council for the City of Hugo this 4th day of March 2002.
ATTEST:
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Mary "er, City Clem
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