HomeMy WebLinkAboutCity Council Ordinance 2001-29CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2001-29
AN ORDINANCE AMENDING CHAPTER XI OF THE PLYMOUTH
CITY CODE CONCERNING BEST PRACTICE TOBACCO ESTABLISHMENTS
AND CHAPTER X CONCERNING LICENSE FEES
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Section 1150.10 (b) of the Plymouth City Code is amended to read:
(b) Administrative Civil Penalties; Individuals. An individual Awly who
sells any tobacco P*odiwt to a person under the age of 18 years is subjogt to
shall be subject to an administrative penaltyof $50.
€elle si No penalty may be imposed until the individual has received notice,
served personally or by mail, of the alleged violation and an opportunity for a
hearing before the Chief of Police or his/her designee. A decision that a
violation has occurred must be in writing.
(Ord. 99-16, 06101199)
it
(Ord. 99-16, 06101199)
Section 2. Section 1150.10 (c) of the Plymouth City Code is amended to read:
(c) Administrative Civil Penalties; Licensee. If a licensee or an employee of a
licensee is found to have sold tobacco to a person under the age of 18 years, the
licensee shall be subject to an administrative penalty as follows:
Ordinance No. 2001-29
Page 2 of 3
NON -BEST PRACTICE GRID:
Offense
Minimum (State)
Presumptive
Maximum
Penal (Ci )
I
(Ci /State)
ls`
$75 and/or 0 days
$500 fine and 5 -day
$2,000 and/or 60 -days
Violation
susp
su§p
sus
2nd
$200 and/or 0 days
$750 fine and 15 -day
$2,000 and/or 60 -days
Violation
susp
susp
susp
(within 24
mos)
3`d
$250 and/or 7 days
$1,000 fine and 25-
$2,000 and/or 60 days
Violation
susp
day susp
susp
(within 24
Best Practice for 1
mos)
ear,
4d`
None listed
Revocation
Revocation
Violation
(within 24
mos)
Best Practices Establishments. Establishments entering into an agreement with Police
Department as a Best Practice Establishment will use the Best Practices violation grid:
BEST PRACTICES PENALTY GRID:
Offense
Minimum (State)
Presumptive
Maximum
Penalty (Cl )
I
(City/State)
13`
$75 and/or 0 days
$500
$2,000 and/or 60 -days
Violation
susp
sus
2nd
$200 and/or 0 days
$750 fine and 7 -day
$2,000 and/or 60 -days
Violation
susp
suspension stayed
susp
(within 24
mos)
3`d
$250 and/or 7 days
Return to regular
$2,000 and/or 60 days
Violation
susp
penalty grid and off
susp
(within 24
Best Practice for 1
mos)
ear,
4d`
None listed
Revocation
Revocation
Violation
(within 24
mos)
Ordinance No. 2001-29
Page 3 of 3
First violations would be handled by an administrative hearing with the Police
Chief or his/her designee with the presumptive penalty given to license holders.
For Best Practice establishments first and second violations would be handled
by an administrative hearing with the Police Chief or his/her designee. License
holders have the right to request a hearing before the City Council if not in
agreement with the presumptive penalty. The Police Chief also has the right to
request a hearing before the Council if he/she believes there exists substantial
reason making it more appropriate to deviate from the presumptive penalty. If
the Police Chief and licensee agree on the presumptive penalty, these will be
reported to the City Council in a staff report. (Ord. 99-16, 6101199, Ord. 2001-
08, 0212712001)
Section 3. Section 1010.01, Subd. 7 of the Plymouth City Code is amended to read:
All Tobacco and Related Products license holders certified by the Police Department at the
time of renewal as a Best Practices Establishment shall receive a 5 % discount on the license
fee. Those certified by the Police Department as a Gold Star Best Practices Establishment shall
receive a 10% discount on their license renewal fee.
Section 4. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this 14`' day of August, 2001.
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joyiemey, Mayo
ATTEST:
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"§a--ndraR. Paulson,