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HomeMy WebLinkAbout2010-010 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2010 -10 RESOLUTION AND CONSENT ORDER IMPOSING ADMINISTRATIVE PENALTY FOR SUPERAMERICA #3192 AT 6950 BROOKLYN BOULEVARD WHEREAS, the City of Brooklyn Center (the "City ") has issued a license for the sale of tobacco or tobacco products to SuperAmerica #3192 (the "Licensee ") at 6950 Brooklyn Boulevard; and WHEREAS, on December 22, 2008, an illegal activity occurred on the licensed premises of the Licensee, specifically, sale of cigarettes to a person under the age of 18 by an employee of Licensee in violation of City Code, Section 23 -106 and Minnesota Statutes, Sections 609.685 and 461.12 (the "Violation ") and WHEREAS, the occurrence of the Violation 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, 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 his understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, on the basis of such representation the City is willing to limit sanctions for the Violation to those hereinafter set forth; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above described violation is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive service of a written notice of violation and a hearing thereon and to pay the administrative 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, Chapter 461. 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 RESOLUTION NO. 2010 -10 of written notification of approval of this Consent Order by the City Council, the sum of Seventy Five Dollars ($75.00). 2. Licensee waives service of a written citation, notice of hearing and hearing to which it is entitled. 3. The undersigned admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violation, an administrative penalty in the amount of Seventy Five Dollars 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 which is authorized by state law or City Code for any activity to which this agreement does not specifically apply and which is a violation of state law or City Code. 5. 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 will be taken into consideration in determining appropriate sanctions in any future cases. (Licensee) By Its RESOLUTION NO. 2010 -10 By Order of the City Council of the City of Brooklyn Center this 11th day of January, 2010. January 11 2010 Date Mayor ATTEST: 'J " City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.