Res 2013- 83 Establish Policy for Tobacco ViolationsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2013 - 83
RESOLUTION ESTABLISHING A POLICY
FOR TOBACCO LICENSE VIOLATIONS
WHEREAS, the City of Mendota Heights believes that 100% percent compliance with
all tobacco license regulations is desirable; and
WHEREAS, the City of Mendota Heights dedicates staff time to complete compliance
checks and issue licenses; and
WHEREAS, the City of Mendota Heights has staff working with licensees to ensure that
employees are trained; and
WHEREAS, the City of Mendota Heights wishes that all staff are trained and
knowledgeable about selling tobacco; and
WHEREAS, the City of Mendota Heights wishes to reduce the amount of tobacco
available to underage persons; and
WHEREAS, the City of Mendota Heights wishes to have each licensee be
knowledgeable of the penalties for violation of the tobacco laws; and
WHEREAS, the City of Mendota Heights desires to uniformly and fairly penalize those
licensees who violate tobacco laws.
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the attached Exhibit A- Policy for Tobacco License Violations
shall be adopted.
Adopted by the City Council of the City of Mendota Heights this 3rd day of December,
2013.
Lorri Smith, City Clerk
CITY COUNCIL
OF
41dia 0
dra Krebs
NDOTA HEIGHTS
EXHIBIT A
POLICY FOR TOBACCO LICENSE VIOLATIONS
Adopted by City Resolution #2013-83 on December 3rd, 2013
Statement of Purpose:
It is the goal of the City of Mendota Heights to have tobacco licensees comply with the law
100% of the time in relation to the ordinance regulating tobacco. The City of Mendota
Heights will maintain staff to complete annual compliance checks and periodically check for
compliance with license conditions. The City will act as a resource to provide training.
Applicable Laws:
City Code Title 3 Chapter 2
Minnesota State Statue (MSS)
MN State Statutes Chapter 325 Distribution of Tobacco Products
MN State Statutes Chapter 461 Regulation of Tobacco, Licenses
MN State Statutes Chapter 144 MN Clean Indoor Air Act
MN State Statutes 14.57 to 14.67 Administrative Procedures Act
Uniform Penalties:
The purpose of this section is to establish a standard by which the City determines
the length of a license suspension, revocation and or civil penalty. This policy shall apply to
all tobacco license holders. These penalties are deemed to be appropriate for all violations.
The City Council may choose to deviate from the prescribed penalty if there are extenuating
circumstances. Should the Council deviate from the adopted policy they must take official
action and document the reasons for the deviation.
The Council may only consider the penalty portion of the action. Should the licensee
wish to appeal the facts of a violation they must request a due process hearing.
Licensee informed:
® All licensees shall be informed of the adoption of this policy at the time of
adoption and again at time of license renewal.
• In the event of a violation licensees shall have all fines paid or have
requested a hearing before 10 working days have elapsed from notice of the
violation.
Res 2013-83 page 2
o Licensees shall be informed that this policy applies only to the LICENSE
SANCTIONS it does not apply to the CRIMINAL CHARGES against the
person who actually violates the law.
® The policy shall be posted on the City's website and shall be given to the
licensee at the time of application.
• Hearing will be conducted in accordance with MSS and Minnesota Rules.
Penalty appeals will be made to City Council.
PENALTIES:
Violation Schedule per MSS 461.12:
These violations include, failure during compliance checks, sale to an underage person
(resulting in a conviction), failure to renew license before expiration.
Violation
First Violation $75 fine
Second Violation $200 fine
Within 2 years
Third Violation
Within 2 years
$250 fine and 7 day suspension
Time frame: Violations are from the date of violation for a 2 year rolling time period.
Subsequent Violations: Each violation will be treated separately unless the City Clerk and
the licensee agrees in writing to hear all active violations at a single hearing.
Other Penalties: Nothing in this policy shall restrict the City Council from imposing the
maximum penalty allowed by Mendota Heights City Ordinance.
Hearing: Will be held pursuant to MSS governing administrative hearings.
License suspension: Will impact only the licensed activity.
Res 2013-83 page 3