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REQUEST FOR COUNCIL ACTION Date:January 25, 2021 Item No.:7.b Department ApprovalCity Manager Approval Item Description:Consider Tobacco Sales Violation Presumptive Penalty Approval for Chuchao Liquor 1 B ACKGROUND 2 OnSaturday, November14, 2020, at 11:00a.m., a plain clothes Roseville police officer, along with a 3 19-year-old underage compliance checker, entered Chuchao Liquor,located at 700 County Road B, 4 Roseville, Minnesota, to conduct a tobaccocompliance check. The underage compliance checker 5 approached the front register and requested to purchase a pack of Newport cigarettes.The cashier, 6 reviewed the checkers identification andprocessedthe sale.The plain clothes officer then identified 7 himself as a police officer. The cashierwas administratively cited for the violation and the 8 administrative fine was paid on November18, 2020. 9 This is Chuchao Liquors thirdtobacco violation in the pasttwenty-four(24) months.On August 11, 10 2020, an employee sold an underage compliance checker tobacco without checking their identification. 11 Likewise, on November 15, 2018, an employeesold an underage compliance checker tobacco without 12 checking their identification. The cashier and the business paid theiradministrative fines related to both 13 of the prior violations.The businesshas alsofailed an alcohol compliance check on July 26, 2017. 14 The Roseville Police Department seeks Council approval to issue and administer the presumptive 15 penalty pursuant to City Code Section 306.09, for tobaccolicense holders for the thirdviolation within 16 twenty-four (24) months. The mandatory minimumpenalty shall be aneighthundreddollar ($800.00) 17 fine and a seven(7) day suspension. 18 B UDGET I MPLICATIONS 19 Pursuant to City Code Section 306.09, the financial impact shall be a mandatory penalty of aneight 20 hundred dollar($800.00) fine and a seven (7) day suspension issued to the licenseholder for the third 21 violation within twenty-four(24) months. 22 S TAFF R ECOMMENDATION 23 Staff recommends Council approval to issue and administer the presumptive penalty pursuant to City 24 Code Section 306.09, for tobaccolicense holders for the thirdviolation within twenty-four (24) months. 25 The mandatory minimum penalty shallbe an eight hundred dollar ($800.00) fine and a seven (7) day 26 suspension. 27 R EQUESTED C OUNCIL A CTION 28 The Roseville Police Department is seeking Council approval to allow the Roseville Police Department 29 to issue and administer the presumptive penalty as set forth in Section 306.09, of the Roseville City 30 Code or other action as determined by the Roseville City Council. Page 1of 2