HomeMy WebLinkAboutItem 06.eJune 9, 2011
Proposed Action
Staff recommends adoption of the following motion: Approve Stipulation of Facts and
Civil Sanction with Babe's Sportsbar & Grill, Holiday MegaStop, RBF, LLC of Wisconsin
and Northern Tier Retail, LLC.
Overview
Babe's Sportsbar & Grill, Holiday MegaStop, Rainbow and SuperAmerica #4490 (21070
Glade Avenue) were notified, in writing, of the alleged tobacco license violations that
occurred on March 12, 2011. In order to avoid a public evidentiary hearing before the
City Council, the owner may enter into a Stipulation of Facts and Civil Sanction. All four
establishments have submitted the signed stipulation and paid the civil sanction of
$150.00.
Primary Issues to Consider
Babe's Sportsbar & Grill, Holiday MegaStop, Rainbow and SuperAmerica #4490 are all
best practices establishments. This constitutes their first violation pursuant to Lakeville
City Code 3 -6 -7.
Supporting Information
TOBACCO LICENSE VIOLATIONS
• Stipulation of Facts and Civil Sanction
Item No.
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
In Re:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
City of Lakeville Tobacco
Licensing Complaint Against STIPULATION OF FACTS
AND CIVIL SANCTION
Babe's Sportsbar & Grill
The undersigned stipulates as follows:
1. Babe's Sportsbar & Grill has a license to sell tobacco products issued by the City
of Lakeville.
2. Babe's Sportsbar & Grill is a best practices establishment pursuant to City Code
Title 3 Chapter 6.
3. On March 12, 2011., a waitress at Babe's Sportsbar & Grill 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 Babe's Sportsbar & Grill's first violation pursuant to City Code
6. Babe's Sportsbar & Grill 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, Babe's Sportsbar & Grill 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: 4 , 2011 g466 S 5 (r 1 .-IC , BivL- --I
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In Re:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
City of Lakeville Tobacco
Licensing Complaint Against STIPULATION OF FACTS
AND CIVIL SANCTION
Holiday Megastop
The undersigned stipulates as follows:
1. Holiday Megastop has a license to sell tobacco products issued by the City of
Lakeville.
2. Holiday Megastop is a best practices establishment pursuant to City Code Title 3
Chapter 6.
3. On March 12, 2011, a clerk at Holiday Megastop 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 Holiday Megastop's first violation pursuant to City Code §3 -6 -7.
6. Holiday Megastop 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, Holiday Megastop 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: Inn a q , 2011
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By: 1 d
Its
In Re:
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
City of Lakeville Tobacco
Licensing Complaint Against STIPULATION OF FACTS
AND CIVIL SANCTION
Rainbow Foods (RBF, LLC of Wisconsin)
The undersigned stipulates as follows:
1. Rainbow Foods (RBF, LLC of Wisconsin) has a license to sell tobacco products
issued by the City of Lakeville.
2. Rainbow Foods (RBF, LLC of Wisconsin) is a best practices establishment
pursuant to City Code Title 3 Chapter 6.
3. On March 12, 2011, a clerk at Rainbow Foods (RBF, LLC of Wisconsin) 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 Rainbow Foods (RBF, LLC of Wisconsin) first violation pursuant
to City Code §3 -6 -7.
6. Rainbow Foods (RBF, LLC of Wisconsin) 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, Rainbow Foods (RBF, LLC of Wisconsin) has the absolute right
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to withdraw this Stipulation and to have a hearing before the City Council pursuant to City Code
§3 -6 -8.
Dated: s , 2011
[33873
JUN -02 -2011 15:07 Fro m:SUPERpt9ERICA
In Re:
6514545725 To:952 985 4499 F.3/4
City of Lakeville Tobacco
Licensing Complaint Against STIPULATION OF FACTS
AND CIVIL SANCTION
SuperAincrica (Northern 'Vier Retail, LLC)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
The undersigned stipulates as follows:
1. SuperAutcrica (Northern 1 ier Retail, LLC) has a license to sell tobacco products
issued by the City of Lakeville.
2. SuperAm (Northers Tier Retail, LLC) is a best practices establishment
pursuant to City Code Title 3 Chapter 6.
3. On March 12, 2011, a clerk at SuperAmerica (Northern Ticr Retail, LLC) did sell
cigarettes to a person under the age of 18 in violation of Minnesota Statutes 461.02 and City
Codc Section 3 -6 -5.
4. Copies of the Lakeville Police Department reports regarding this incident arc
incorporated into this Stipulation by reference.
5. This constitutes SuperAmerica's (Northern Tier Retail, LLC) fort violation
pursuant to City Code §3 -6 -7.
6. SuperAmcrica (Northern Tier Retail, LI.C) shall pay a civil sanction of 3150.00.
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, SuperAmeriea (Northern Tier Retail, LLC) hus the absolute
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TUhl- 02 -2 011 15: 07 From:SUPERAr1ERICA
5514549725 1o:952 995 4499 P.4/4
right to withdraw this Stipulation and to have a hearing hcfurc the City Council pursuant to City
Code §3 -6 -8,
1336.73
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