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6.6. SR 11-25-2002River TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Sandra Peine, City Clerk November 25, 2002 Tobacco compliance checks Item 6.6. Request: Consider penalty for third tobacco violation in a 24-month period for Snyder Drug Applicant: Snyder Drug Background: On November 2, 2002, the Elk River Police Department along with Sherburne County Public Health Department conducted tobacco compliance checks for all establishments licensed to sell tobacco in the City of Elk River. Snyder Drug is the only establishment that sold tobacco to a minor and therefore failed the check. This is Snyder Drug's third tobacco compliance violation in 24 months. The dates of the 3 failed compliances are as follows: November 16, 2000 November 15, 2001 · November 7, 2002 According to the City's ordinance, a third violation within a 24-month period results in the following penalties: / S:\CLERK\LICENSES\TOBACCO\Compliance\3rd violation memo.doc · $250 Fine and license suspension for not less than seven (7) days Staff is requesting the Council to determine the number of days of suspension that should be applied to the penalty keeping in mind that seven (7) is the minimum number allowed. Upon direction from the Council, staff will notify Snyder Drug of the penalty. The Ordinance allows the violator the opportunity of an administrative hearing within 45 days from the date of the notice. If Snyder Drug requests a hearing, Council will be notified. If a hearing is not requested, Snyder Drug will be expected to pay the $250 penalty and to have their license suspended for the number of days authorized by Council. Action Requested: Council motion authorizing the suspension of the tobacco license for Snyder Drug. iS:\CLERK\LICENSES\TOBACCO\Compliance\3rd violation memo.doc November 15, 2002 Honorable Stephanie Klinzing Mayor, City of Elk River City Council Members Dear Mayor and City Council Members: I am no longer applying for the position of Utilities Com~issionero I have served for fifteem years and that is leng enough. I wish to express my thanks to the council for their support over the years. rience has been very rew~rdingo