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REQUEST FOR COUNCIL ACTION <br />Date: January 31, 2022 <br />Item No.: 7.b <br />Department ApprovalCity Manager Approval <br /> <br />Item Description:Presumptive Penalty Approval—BP Gas Station(3110 Cleveland Avenue) <br />1 B ACKGROUND <br />2 OnSaturday, November22, 2021, at 11:00a.m., a plain clothes Roseville police officer, along with an <br />3 18-year-old underage compliance checker, entered BP Gas,located at 3110 Cleveland Avenue, <br />4 Roseville, Minnesota, to conduct a tobaccocompliance check. The underage compliance checker <br />5 approached the front register and requested to purchase a pack of Marlborocigarettes.The cashierdid <br />6 not reviewthe checker’s identification andprocessedthe sale.The plain clothes officer then identified <br />7 himself as a police officer. The cashierwas administratively cited for the violation and the <br />8 administrative fine has since been paid. <br />9 This is BP Gas Station’s secondtobacco violation in the pastthirty-six(36) months.On June 15, 2021, <br />10 a differentemployee sold an underage compliance checker tobacco without checking their <br />11 identification. <br />12 The Roseville Police Department seeks Council approval to issue and administer the presumptive <br />13 penalty pursuant to City Code Section 306.09, for tobaccolicense holders for the secondviolation <br />14 within thirty-six (36) months. The mandatory minimumpenalty shall be atwo thousanddollar <br />15($2000.00) fine and a three(3) day suspension. <br />16 B UDGET I MPLICATIONS <br />17 Pursuant to City Code Section 306.09, the financial impact shall be a mandatory penalty of a two <br />18 thousanddollar($2000.00) fine and a three(3) day suspension issued to the licenseholder for the <br />19 secondviolation within thirty-six(36) months. <br />20 S TAFF R ECOMMENDATION <br />21 Staff recommends Council approval to issue and administer the presumptive penalty pursuant to City <br />22 Code Section 306.09, for tobaccolicense holders for the secondviolation within thirty-six (36) months. <br />23 The mandatory minimum penalty shallbe atwo thousanddollar ($2000.00) fine and a three (3) day <br />24 suspension. <br />25 R EQUESTED C OUNCIL A CTION <br />26 The Roseville Police Department is seeking Council approval to allow the Roseville Police Department <br />27 to issue and administer the presumptive penalty as set forth in Section 306.09, of the Roseville City <br />28 Code or other action as determined by the Roseville City Council. <br />Page 1of 2 <br /> <br />