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Home My WebLink About6.d. Resolution and Consent Order Imposing Civil Penalty on Rosemount Tobacco and Vape Center EXECUTIVE SUMMARY City Council Regular Meeting: March 1, 2022 AGENDA ITEM: Resolution and Consent Order AGENDA SECTION: Imposing Civil Penalty on Rosemount Consent Tobacco and Vape Center PREPARED BY: Mikael Dahlstrom, Chief of Police AGENDA NO. 6.d. Erin Fasbender, City Clerk ATTACHMENTS: Resolution and Consent Order APPROVED BY: ELF RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing civil penalty on Rosemount Tobacco and Vape Center for a violation of the City's tobacco license regulation BACKGROUND On December 17, 2021, an under-aged person purchased tobacco at the City’s tobacco license establishment, Rosemount Tobacco and Vape Center, located at 14883 Robert Trail South, Rosemount, MN. The underage purchasers were sold tobacco products by an employee of the establishment. This is a criminal violation by the employee and a violation of the City's ordinance regarding tobacco licenses. This is the first violation at Rosemount Tobacco and Vape Center. ISSUE The sale of tobacco products to an underage person is a violation of City Code 3-9: Tobacco Products and Tobacco Related Devices. Following the illegal sales, police staff met with the management of the establishment to discuss the violation. In addition, the expectations and requirements of the City Code were reviewed, and the policies and procedures of the business related to the proper identification of persons purchasing tobacco were discussed. The owner of Rosemount Tobacco and Vape Center has agreed to the terms of the attached Resolution and Consent Order imposing civil penalties on the license holder for this violation. The minimum administrative (civil) penalties are set by Minnesota Statute 461.12, Subd. 2, and require a $75 penalty for the first violation. RECOMMENDATION Staff recommends a motion to approve a resolution and consent order imposing civil penalty on Rosemount Tobacco and Vape Center for a violation of the City's tobacco license regulation. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2022 - 15 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON ROSEMOUNT TOBACCO AND VAPE CENTER FOR TOBACCO LICENSE VIOLATIONS WHEREAS, the City of Rosemount (the “City”) has issued a license for the sale of tobacco and tobacco-related products to Rosemount Tobacco and Vape Center (the “Licensee”); and WHEREAS, an illegal activity has occurred on the licensed premises of the Licensee, specifically, sales of tobacco products to a person under the age of 21 by an employee of Licensee on December 17, 2021 in violation of Minnesota Statutes, Section 609.685 (the “Violation 1”); and WHEREAS, the occurrence(s) of the Violation(s) is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, Violation 1 is the first (1st) tobacco violation at the establishment of the Licensee within a twenty-four (24) month period; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not reoccur; and WHEREAS, Licensee has worked with staff to identify personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a more safe, responsible and lawful tobacco operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the “Policies and Procedures”); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for Violation 1 to a civil penalty in the amount of Seventy-Five Dollars ($75); and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above-described violations is reasonable, necessary and in the best interests of the public; and 2 WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minnesota Statutes, Section 461.12. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of Seventy-Five Dollars ($75). 2. Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minnesota Statutes, Section 461.12. 3. The undersigned admits the occurrence of Violation 1. 4. The City will impose, as the sole civil sanction for the Violations, a total civil penalty in the amount of $75 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee’s license or impose civil penalties for the Violations pursuant to Minnesota Statutes, Section 461.12, provided the total penalty including the penalty agreed to pursuant to paragraph 1 hereof shall not exceed amounts authorized by law. 7.Licensee understands and agrees:a. That this agreement does not constitute an agreement not to bring criminalcharges for activities described herein;b. That a decision whether to bring any charges rests within the discretion of theCity prosecuting attorney, the County attorney, or other authorized law enforcement agencies;c. That the Licensee freely enters into this agreement without any promises fromthe City that no criminal charges will be brought;d. That this agreement is entered into for the sole purpose of resolving andsettling any potential civil sanctions imposed pursuant to Minnesota Statute Section 461.12,and not for the purpose of resolving or settling any potential criminal issues; ande. That in the event criminal charges are brought against the undersigned, theLicensee or any of its employees for activities described herein, Licensee will not contest thevalidity of this agreement, repudiate, or otherwise challenge this agreement in any way, byreason of the initiation or prosecution of such criminal proceedings.BY ORDER of the City Council of the City of Rosemount this 1st day of March, 2022. William H. Droste, MayorATTEST:Jessie Paque, Deputy City ClerkAnd agreed to by the Licensee; Rosemount Tobacco & Vape CenterI-/�Sign atur� .... TitleDate3 A-1 ATTACHMENT ONE LICENSEE TOBACCO & TOBACCO RELATED PRODUCTS SALES & SERVICE POLICIES AND PROCEDURES