HomeMy WebLinkAboutCity Council Ordinance 1999-16City of Plymouth
Hennepin County, Minnesota
ORDINANCE NO. 99-16
AN ORDINANCE AMENDING CHAPTER XI OF THE PLYMOUTH CITY CODE
REGARDING PRESUMPTIVE PENALTIES FOR VIOLATIONS
RESULTING FROM THE SALE OF TOBACCO AND RELATED PRODUCTS
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Sec. 1. The Plymouth City Code Section 1150.10 Violations, subdivisions (b)
Administrative Civil Penalties; Individuals and (c) Administrative Civil Penalties;
Licensee are amended as follows:
(b) Administrative Civil Penalties; Individuals. Any person who sells any Tobacco
Product to a person under the age of 18 years is subject to an administrative penalty;
and any person under the age of 18 who attempts to purchase a Tobacco Product is
subject to an administrative penalty. The City Council may impose administrative
penalties as follows:
First violation. The City Council may impose a civil fine not to exceed $500.
Second violation within 43 24 months. The City Council may impose a civil
fine not to exceed $750.
Third violation within 44 24 months. The City Council may impose a civil fine
not to exceed $1,000.
(c) Administrative Civil Penalties; Licensee. IF a licensee or an employee of a license 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 99-16
Page 2
Offense
Minimum (State)
Presumptive
Maximum
Ci /State
Penal Ci
1" violation
$75 and/or 0 days
$500 fine and
$2,000 and/or 60
sus
5 -day susp
days sus
2' violation (within 24 mos)
$200 and/or 0 days
$750 fine and
$2,000 and/or 60 -
sus
15 -day susp
days sus
3`d violation (within 24 mos)
$250 and/or 0 days
$1,000 fine and
$2,000 and/or 60
days sus
SUMP
25 -day susp
4`' violation within 24 mos
None listed
Revocation
Revocation
First violations would be handled by an administrative hearing with the Director of Public
Safety with the presumptive penalty given to license holders. License holders have the right to
request a hearing before the City Council if not in agreement with the presumptive penalty.
The Director of Public Safety 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 Public Safety Director and licensee agree on the presumptive
penalty, these will be reported to the City Council in a staff report.
Sec. 2. This ordinance is effective upon its passage in accordance with Section
110.11.
Adopted by the Plymouth City Council on June 1, 1999.
M
City Clerk
(New language is underlined, language to be deleted is -h.)