File #: Res. 2016-082    Version: 1 Name:
Type: Resolution Status: Passed
File created: 7/26/2016 In control: City Council
On agenda: 8/2/2016 Final action: 8/2/2016
Title: Tobacco License Penalty Hearing & Proposed Penalties - H & S Inc. dba Downtown Tobacco
Attachments: 1. 1 - Resolution, 2. 2 - H and S notice of hearing docs, 3. 3 - H & S Signed agreement
City Council Meeting Date: August 2, 2016

To: Mayor and City Council
City Administrator

From: Monte Nelson, Chief of Police
Deb Little, City Clerk

Title
Tobacco License Penalty Hearing & Proposed Penalties - H & S Inc. dba Downtown Tobacco

Body
Action Requested:
The Northfield City Council is asked to conduct a hearing related to the imposition of a suspension of the tobacco license issued to H&S, Inc. If the Council finds cause for the imposition of the suspension per City Code Sec. 30-28, the Council is asked to consider approving the attached resolution.

Summary Report:
During the course of a compliance investigation, the Northfield Police Department requested store video from H and S Inc., dba Downtown Tobacco and issued a citation for failure by H and S Inc., dba Downtown Tobacco to provide such video to police on April 15, 2015. The failure to record, maintain and provide such video to police upon request from the police is a violation of City Code, Sec. 30-76, clause (2). On March 2, 2016, Mr. Haider Alnomoni pled guilty, was convicted and sentenced for the criminal violation of City Code, Sec. 30-76, clause (2).

This Notice of Violation and Civil Penalty followed said criminal conviction and pertained to the City issued tobacco license. Specifically, City Code, Sec. 30-28 provides for imposition of civil penalties for tobacco license violations as follows:

(a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of $200.00 for a first violation of this article, $400.00 for a second offense at the same licensed premises within a 24-month period, $800.00 for a third offense at the same location within a 24-month period, and $1,600.00 for a fourth offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days; and after the fourth offense, the lic...

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