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<br />REQUEST FOR COUNCIL ACTION <br />Date: 1/29/2024 <br />Item No.: 7.e. <br />Department Approval City Manager Approval <br /> <br /> <br />Item Description: Consider Presumptive Penalty Approval - 2023 Tobacco Compliance <br />Check (Cub Foods) <br />1 <br />2 Background <br />3 Per Roseville City Ordinance, at least twice per year, the City shall conduct citywide compliance checks <br />4 at all businesses with a city tobacco license. Mandatory penalties shall be imposed on noncompliant <br />5 licensees. The following is related to the second round of tobacco compliance checks, which occurred <br />6 in November of 2023. <br />7 <br />8 On November 11, 2023, an 18-year-old underage compliance checker entered establishments holding a <br />9 tobacco license in the city of Roseville, Minnesota, to conduct compliance checks. Upon conclusion of <br />10 the tobacco checks, one business failed (Attachment 1). <br />11 <br />12 Cub Foods (CN 23031426) - The underage checker asked for a pack of cigarettes. The employee <br />13 asked for and was provided identification. Upon reviewing the identification, the employee sold <br />14 cigarettes to our checker. The employee was issued an administrative citation, which has since been <br />15 paid. This is the second tobacco compliance failure for Cub Foods (1201 Larpenteur) in the past 36 <br />16 months. The previous failure occurred on December 17, 2022. <br />17 <br />18 Officers met with each business in-person and advised them of the Roseville City Council hearing <br />19 date. This notification was also provided in writing (Attachment 2). <br />20 <br />21 Policy Objectives <br />22 The Roseville Police Department seeks Council approval to issue and administer the <br />23 presumptive penalty pursuant to City Code Section 306.09, for tobacco license holders for <br />24 the second violation within thirty-six (36) months. The mandatory minimum penalty shall be <br />25 a two thousand dollar ($2,000.00) fine and a three (3) day suspension. <br />26 <br />27 Racial Equity Impact Summary <br />28 Upon review of racial equity impacts, staff notes that the citywide compliance checks, <br />29 subsequent fines, and suspensions are uniform and written into the city code. At this time, <br />30 staff did not identify a disproportionate racial equity impact. <br />31 <br />32 Budget Implications <br />33 Pursuant to City Code Section 306.09, the financial impact shall be a mandatory penalty of a two <br />34 thousand dollar ($2,000.00) fine and a three (3) day suspension issued to the license holder for the <br />35 second violation within thirty-six (36) months. <br />36 <br />Page 1 of 2 <br />Qbhf!35!pg!367 <br /> <br />