HomeMy WebLinkAboutItem 06.eB
December 31, 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: Lakeville
SuperAmerica River Country Cooperative, and SuperValu Inc.
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 November 26, 2013. 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 three license holders submitted a signed Stipulation of Facts and paid the $150
civil sanction.
Primary issues to Consider
Is the presumptive penalty reasonable?
This violation constitutes the first violation for each business pursuant to Lakeville
City Code. All three businesses qualify as best practices establishments. Therefore,
according to City Code, the civil sanction is $150.
Supporting Information
• Stipulation of Facts and Civil Sanction signed by license holders
Charlene Friedges, City
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
Lakeville SuperAmerica
17546 Kenrick Avenue
The undersigned stipulates as follows:
1. Lakeville SuperAmerica has a license to sell tobacco products issued by the City of
Lakeville.
2. Lakeville SuperAmerica is a best practices establishment pursuant to City Code Title 3,
Chapter 6.
3. On November 26, 2013, a clerk at Lakeville SuperAmerica did sell cigarettes to a person
under the age of 18 in violation of Minnesota Statutes § 461.12 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 Lakeville SuperAmerica pursuant to City Code §3 -6-
7.
6. Lakeville SuperAmerica shall pay a civil sanction of $150.00.
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, Lakeville SuperAmerica has the absolute right to
166928v1
withdraw this Stipulation and to have a hearing before the City Council pursuant to City
Code §3 -6 -8.
Dated: C ' 2013 LAKEVILLE SUPERAMERICA
4
By•
Its X t",C, er
7
1
n
166928v1 J I ~3.rC t 1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
River Country Cooperative
9290 — 202"o Street W.
The undersigned stipulates as follows:
1. River Country Cooperative has a license to sell tobacco products issued by the City of
Lakeville.
2. River Country Cooperative is a best practices establishment pursuant to City Code Title 3,
Chapter 6.
3, On November 26, 2013, a clerk at River Country Cooperative did sell cigarettes to a
person under the age of 18 in violation of Minnesota Statutes § 461.12 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 River Country Cooperative pursuant to City Code §3-
6 -7.
6. River Country Cooperative shall pay a civil sanction of $150.00.
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, River Country Cooperative has the absolute right to
166928vl
withdraw this Stipulation and to have a hearing before the City Council pursuant to City
Code §3 -6 -8.
Dated: —0&q, , 2013 RIVER COUNTRY COOPERATIVE
Its
166928v1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against:
STIPULATION OF FACTS
AND CIVIL SANCTION
SuperValu, ine.
d.b.a. Cub Foods #1656
7435 - 179'`' Street W<
The undersigned stipulates as follows:
I. SuperValu, Inc., d.b.a. Cub Foods #1656, has a license to sell tobacco products issued by
the City of Lakeville.
2. Cub Foods #.1656 is a best practices establishment pursuant to City Code Title 3, Chapter
6.
3. On November 26, 2013, a clerk at Cub Foods #1656 did sell cigarettes to a person under
the age of 18 in violation of Minnesota Statutes § 461.12 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 Cub Foods #1656 pursuant to City Code §3 -6 -7.
6. SuperValu, Inc. shall pay a civil sanction of $150.00.
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, SuperValu, 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.
166928v1
Dated: 11,7//o 2013 SUPERVAM, INC.
By:
i6U92sva
Its