HomeMy WebLinkAboutItem 06.d6
January 7, 2013 Item No.
TOBACCO LICENSE VIOLATIONS
Proposed Action
Staff recommends adoption of the following motion: Move to approve Stipulation of Facts
and Civil Sanction with the following businesses for tobacco license violations: CVS
Pharmacy- Kenwood Trail, Holiday Stationstore #504, Kwik Trip - Kenrick Avenue and Rapid
Cash Plus.
Passage of this motion accepts the presumptive penalty pursuant to Lakeville City Code and
waives the license holder's right to a public hearing.
Overview
The aforementioned businesses were notified, in writing, of the alleged tobacco license
violations that occurred on September 27, 2012. In order to avoid a public evidentiary
hearing before the City Council, the license holder may enter into a Stipulation of Facts and
Civil Sanction. All four license holders submitted a signed Stipulation of Facts and paid the
$150 civil sanction.
Primary Issues to Consider
• Is the presumptive penalty reasonable?
(See attached)
Supporting Information
• Stipulation of Facts and Civil Sanction signed by license holders
It more than a sentence or two needed to explain the tinan impact, add to notes page.
Financial Impact: $ Budgeted: Y/N —Source:
Related Documents (CIP, ERP, etc.):
Notes:
Analysis of Primary Issues:
Based on information received by the Police Department, the violations were initially
processed as non -best practices establishments. The penalty for a non -best practices
establishment is $500 and a license suspension of three consecutive days.
Upon further review of the Police Department's records, it was concluded that all four
businesses qualified as best practices establishments. The civil sanction for a best practices
establishment is $150.
CVS, Holiday and Rapid Cash Plus had previously paid the $500 civil sanction. Therefore, if the
revised stipulations are approved by the City Council, refunds will be issued.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CVSlpharm a�, ,,
Licensing Dep '.
One CVS e' w—
Woonsocr
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
CVS Pharmacy #5308
17665 Kenwood Trail
The undersigned stipulates as follows:
1. CVS Pharmacy #5308 has a license to sell tobacco products issued by the City of
Lakeville.
2. CVS Pharmacy #5308 shall be considered a best practices establishment pursuant to City
Code Title 3, Chapter 6.
3. On September 27, 2012, . a clerk at CVS Pharmacy #5308 did sell cigarettes to a person
under the age of 18 in violation of Minnesota Statutes § 461.102 and City Code Section 3-
6 -5.
4. Copies of the Lakeville Police Department reports regarding this incident are incorporated
into this Stipulation by reference.
5. This constitutes a first violation for CVS Pharmacy #5308 pursuant to City Code §3 -6 -7.
6. CVS Pharmacy shall pay a civil sanction of $150.00. CVS Pharmacy shall receive a
refund of $350.00 previously paid to the City of Lakeville as a result of this incident.
7. The civil sanction set forth in paragraph 6 is contingent upon the Lakeville City Council's
approval. If the City Council rejects the civil sanction agreed to in this Stipulation in
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favor of a more severe sanction, CVS Pharmacy has the absolute right to withdraw this
Stipulation and to have a hearing before the City Council pursuant to City Code §3 -6 -8.
Dated:%� CVS PHARMACY
%i
LINDA M. CIMBRON
Its ASSISTANT SECRETARY
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
Holiday Station Store #504
17280 Kenyon Avenue
The undersigned stipulates as follows:
1. Holiday Station Store #504 has a license to sell tobacco products issued by the City of
Lakeville.
2. Holiday Station Store #504 shall be considered a best practices establishment pursuant to
City Code Title 3, Chapter 6.
3. On September 27, 2012, a clerk at Holiday Station Store #504 did sell cigarettes to a
person under the age of 18 in violation of Minnesota Statutes § 461.102 and City Code
Section 3 -6 -5.
4. Copies of the Lakeville Police Department reports regarding this incident are incorporated
into this Stipulation by reference.
5. This constitutes a first violation for Holiday Station Store #504 pursuant to City Code §3-
6 -7.
6. Holiday Station Store #504 shall pay a civil sanction of $150.00. Holiday Station Store
#504 shall receive a refund of $350.00 previously paid to the City of Lakeville as a result
of this incident.
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The civil sanction set forth in paragraph 6 is contingent upon the Lakeville City Council's
approval. If the City Council rejects the civil sanction agreed to in this Stipulation in
favor of a more severe sanction, Holiday Station Store #504 has the absolute right to
withdraw this Stipulation and to have a hearing before the City Council pursuant to City
Code §3 -6 -8.
Dated: ��a� 2012 HOLIDAY STATIONSTORE #504
By: C ,��� �O
Its
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
Kwik Trip #694
16260 Kenrick Avenue
The undersigned stipulates as follows:
L Kwik Trip #694 has a license to sell tobacco products issued by the City of Lakeville.
2. Kwik Trip #694 shall be considered a best practices establishment pursuant to City Code
Title 3 Chapter 6.
3. On September 27, 2012, a clerk at Kwik Trip #694 did sell cigarettes to a person under
the age of 18 in violation of Minnesota Statutes § 461.102 and City Code Section 3 -6 -5.
4. Copies of the Lakeville Police Department reports regarding this incident are incorporated
into this Stipulation by reference.
5. This constitutes a first violation for Kwik Trip #694 pursuant to City Code §3 -6 -7.
6. Kwik Trip, Inc. shall pay a civil sanction of $150.00 to the Lakeville City Clerk by
January 10, 2013.
7. The civil sanction set forth in paragraph 6 is contingent upon the Lakeville City Council's
approval. If the City Council rejects the civil sanction agreed to in this Stipulation in
favor of a more severe sanction, Kwik Trip, Inc. has the absolute right to withdraw this
Stipulation and to have a hearing before the City Council pursuant to City Code §3 -6 -8.
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Dated: December 26 . 2012 KWIK TRIP. INC.
;, :0 By: Y
Donald P. Zietlow
Its President
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
Rapid Cash Plus
20908 Holyoke Avenue
The undersigned stipulates as follows:
1. Rapid Cash Plus has a license to sell tobacco products issued by the City of Lakeville.
2, Rapid Cash Plus shall be considered a best practices establishment pursuant to City Code
Title 3, Chapter 6.
3. On September 27, 2012, a clerk at Rapid Cash Plus did sell cigarettes to a person under
the age of 18 in violation of Minnesota Statutes § 461.102 and City Code Section 3 -6 -5.
4. Copies of the Lakeville Police Department reports regarding this incident are incorporated
into this Stipulation by reference.
5. This constitutes a first violation for Rapid Cash Plus pursuant to City Code §3 -6 -7.
6. Rapid Cash Plus shall pay a civil sanction of $150.00. Rapid Cash Plus shall receive a
refund a $350.00 previously paid to the City of Lakeville as a result of this incident.
7. The civil sanction set forth in paragraph 6 is contingent upon the Lakeville City Council's
approval. If the City Council rejects the civil sanction agreed to in this Stipulation in
favor of a more severe sanction, Rapid Cash Plus has the absolute right to withdraw this
Stipulation and to have a hearing before the City Council pursuant to City Code §3 -6 -8.
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Dated: 1 z 1 zG 1 211 .2012 RAPID CASH PLUS
BY:
Its
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