2002-11-13 CC Packet - Laserfiche WebLink

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. 'Lstab{isfied lSSf STAFF REPORT DATE: November 13, 2002 TO: Honorable Mayor and City Council Kim Moore-Sykes, City Administrator r Wt-; FROM: RE: Tobacco License Renewals ,........................................................................... BACKGROUND As required by the City's Ordinance #66, tobacco vendors within the City boundaries are required to submit an application to the City for a license to sell tobacco and tobacco related products and equipment. These licenses expire December 31 st of each year and are also required to renew annually. Attached for consideration is a Renewal Application for License to Sell from Tom Thumb and Comer Express. No issues were noted for the Comer Express license renewal application. Ordinance 66 also requires that all licensed tobacco establishments shall be open to inspection by the City's police or other authorized city official during regular business , :f'1hours and that compliance checks will be done at least once a year. Y V' joVyiY' Attached is a letter from Officer Bernardy advising the City that two vendors, Tom Y \i} Thumb and Kelly's Korner failed the most recent compliance check conducted on rl\"/ ,.ii' y' October 10, 2002. You will also note that at the bottom of Tom Thumb's application, the \1;/v Police Chief has no~ed two other instances whereb~ Tom Thumb,failed the compliance '\: }' check. As such, ChIef Heckman has noted that he IS recommendmg non-renewal of Tom Thumb's tobacco license, The basis for recommending denial is cited at Section 66.04 Basis for Denial of License, Subsection B. "The applicant has been convicted within the past five (5) years of any violation of a Federal, State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products or tobacco related devices. Section 66.13 Penalties, Subd. 1. states that any licensee, and any employee of a licensee, found to have violated this ordinance shall be charged an administrative fine which shall be determined by resolution of the City Council for a first violation of this ordinance; for a second offense at the same licensed premises within a twenty-four (24) month period; and/or a third or subsequent offense at the same location within a twenty-four month period, A fine shall be determined by resolution of the City Council. In addition, after the third offense, the license shall be suspended for not less than seven days.