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REQUEST FOR COUNCIL ACTION Date:January 25, 2021 Item No.:7.c Department ApprovalCity Manager Approval Item Description:Consider Tobacco Sales Violation Presumptive Penalty Approvalfor B-Dale Shell 1 B ACKGROUND 2 OnSaturday, November14, 2020, at 11:20a.m., a plain clothes Roseville police officer, along with a 3 19-year-old underage compliance checker, entered B-Dale Shell,located at 2164 Dale Street, Roseville, 4 Minnesota, to conduct a tobaccocompliance check. The underage compliance checker approached the 5 front register and requested to purchase a pack of Newport cigarettes.The cashierrequested and 6 reviewed the underagecheckers ID,processedthe sale,and ultimately providedher with the cigarettes. 7 The plain clothes officer then identified himself as a police officer. The cashierwas administratively 8 cited for the violation and the administrative fine waspartiallypaid on December01, 2020. 9 This is B-Dale Shell’ssecond tobacco violation in the pasttwenty-four(24) months. On August11, 10 2020, an employeealsosoldtobaccotoan underage compliance checker. As with the most recent sale, 11 the cashier checked the underage checkers ID and ultimately processed the sale. The cashier and the 12 business paid the administrative fines(ref CN 20019386). 13 The Roseville Police Department seeks Council approval to issue and administer the presumptive 14 penalty pursuant to City Code Section 306.09, for tobaccolicense holders for the secondviolation 15 within twenty-four (24) months. The mandatory minimumpenalty shall be a four hundreddollar 16($400.00) fine and a two (2) day suspension. 17 B UDGET I MPLICATIONS 18 Pursuant to City Code Section 306.09, the financial impact shall be a mandatory penalty of a four 19 hundred dollar($400.00) fine and a two (2) day suspension issued to the licenseholder for the second 20 violation within twenty-four(24) months. 21 S TAFF R ECOMMENDATION 22 Staff recommends Council approval to issue and administer the presumptive penalty pursuant to City 23 Code Section 306.09, for tobaccolicense holders for the secondviolation within twenty-four (24) 24 months. The mandatory minimum penalty shallbe a four hundred dollar ($400.00) fine and a two (2) 25 day suspension. 26 R EQUESTED C OUNCIL A CTION 27 The Roseville Police Department is seeking Council approval to allow the Roseville Police Department 28 to issue and administer the presumptive penalty as set forth in Section 306.09, of the Roseville City 29 Code or other action as determined by the Roseville City Council. Page 1of 2