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ARDEN HILLS CITY COUNCIL—December 13, 2010 18 7.C. Administrative Hearing for Arden Hills Tobacco Compliance Violation (continued) MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion Pursuant to the Administrative Hearing Held on December 13,2010, The City Holds the Arden Hills Tobacco Establishment in Violation of Two Events of Sales to Minors. Councilmember Grant the City is within its legal right to issue a fine for two occurrences but this establishment had two violations within three days and did not have adequate time in between violations to address the problem of sales to minors with staff and resolve the problem. He asked when the licensee was notified about the first violation and the second violation. Mayor Harpstead stated there was three days in between the violations and this would be adequate time for the owner to resolve the problem with staff. Mayor Harpstead noted that the Council is not judging on the communication within the establishment but on the violations of the City Code that occurred. Mr. Aqcl stated the clerk would not have made a sale to a minor so close to the "sting" operation. The clerk would have been more vigilant because he had just received a citation. He stated the sale on the 24th did occur but there is no reason to believe that the sale occurred on the 27`h because it was not under the supervision of the police. Councilmember Holden stated the City Council could not make assumptions about the individuals involved. The City Council will base its decision on the facts that are being presented at this time. Mayor Harpstead stated the licensee had an opportunity to look into the reported incident on November 27 but did not. The Council should make their decision based on the information being presented at this time. Councilmember Holmes asked if the clerk who made the sale on November 24 was still employed at Arden Hills Tobacco. She also asked when Mr. Aqel had found out about the occurrences. Mr. Aqel stated the clerk was still employed at Arden Hills Tobacco. He also stated that he had not become aware of the whole situation until after December 6. Mayor Harpstead stated the data in front of the Council supports the motion that two violations have occurred. The City Code does not specify what an establishment should do to reprimand employees. Councilmember Grant agreed that two violations have occurred and the owner has the responsibility to know what is happening in his store. Councilmember Holmes stated she was not comfortable with a fine for the second violation at this time and she would not support the motion.