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REQUEST FOR COUNCIL ACTION Date: October 10, 2022 Item No.: 7.b Department Approval City Manager Approval Item Description:Presumptive Penalty Approval—Quick Mart 1 B ACKGROUND 2 In July 2022, all businesses with a tobacco license were mailed a letter announcing two citywide 3 tobacco compliance checks to be conducted before the end of the calendar year (Attachment A). The 4 letter included information on the Roseville City Ordinance and penalties for noncompliance. 5 On Saturday, July 17, 2022, an 18-year-old underage compliance checker and a plain clothes Roseville 6 Police Officer entered tobacco license establishments in the city of Roseville, Minnesota, to conduct 7 compliance checks. At 10:15 a.m., the 18-year-old checker entered Quick Mart, located at 2815 Rice 8 Street, Roseville. The checker approached the cashier and requested to purchase a pack of cigarettes. 9 The cashier requested identification. The checker presented her Minnesota Driver’s license, which was 10 vertically oriented and indicated she was under the age of 21 (Attachment B). The cashier completed 11 the sale and the checker left the store with the cigarettes. The cashier was issued an administrative 12 citation, which has since been paid (Attachment C). 13 This is Quick Mart’s second tobacco violation in the past thirty-six (36) months. On June 15, 2021, an 14 employeesold an underage compliance checker tobacco without checking their identification. The 15 cashier and the business paid the administrative fine(Attachment D). 16 On September 20, a letter was delivered to Quick Mart summarizing the violation, outlining the 17 presumptive penalty and advising them of the Roseville City Council hearing date (Attachment E). 18 The Roseville Police Department seeks Council approval to issue and administer the presumptive 19 penalty pursuant to City Code Section 306.09, for tobacco license holders for the second violation 20 within thirty-six (36) months. The mandatory minimumpenalty shall be a two thousand dollar 21 ($2000.00) fine and a three (3) day tobacco sale suspension. 22 B UDGET I MPLICATIONS 23 Pursuant to City Code Section 306.09, the financial impact shall be a mandatory penalty of a two 24 thousand dollar ($2000.00) fine and a three (3) day suspension issued to the license holder for the 25 second violation within thirty-six (36) months. 26 S TAFF R ECOMMENDATION 27 Staff recommends Council approval to issue and administer the presumptive penalty pursuant to City Page 1 of 2