02-898Council File # � � — O • �
OR(GII�AL
Green Sheet # �6'33 ��
ORDINANCE
CITY OF SAINT PAUL,IVIIlVNESOTA 3t'(
Presented By
Referred To
Ordinance #
Committee Date :
An ordinance amending Chapter 324 of the Saint Paul
Legislative Code to establish time periods for
purposes of calculating the presumptive penalty for a
violation of sale of tobacco to a minor
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 324.11 of the Saint Paul Legislative Code is hereby
amended to read as follows:
Sec. 324.11. Presumptive penalties.
(a) Purpose. The purpose of this section is to establish a
standard by which the city council determines the amount of
fines, length of license suspensions and the propriety of
revocations. These penalties are presumed to be appropriate
for every case; however, the council may deviate therefrom
in an individual case where the council finds and determines
that there exist substantial and compelling reasons which
make it appropriate to do so. When deviating from these
standards, the council shall provide written reasons that
specify why the penalty selected was more appropriate.
(b) Presumptive penalties for violations. Adverse penalties for
violations or convictions shall be presumed as follows:
35 Type of Appearance
36 Violation
37 lst 2nd 3rd 4th
��v} fs��
NOV 25 'a�
o��
2
3
4
5
6
of
tobacco to
a minor
$200.00 $400.00 30-day Revocation �),-�a
fine fine suspension
(c) Fines payable without hearing. Notwithstanding the
provisions of section 310.05(1), a licensee who would be
making a first or second appearance before the council may
elect to pay the fine to the office of LIEP without a
council hearing, unless the notice of violation has
indicated that a hearing is required because of
circumstances which may warrant deviation from the
presumptive fine amount. Payment of the recommended fine
will be considered to be a waiver of the hearing to which
the licensee is entitled, and will be considered an
"appearance" for the purpose of determining presumptive
penalties for subsequent violations.
�dZ Computation of time:
�Z
under this chapter, the current appearance shall be
treated as a second annearance for the burpose of
determinina the t�resumptive oenaltv.
� If a licensee has appeared before the council on two
(2) orevious occasions for violations of this chapter,
and if said licensee aaain appears before the council
for a violation of this chapter, and if the current
violation occurs within eiahteen (18) calendar months
of the violation that crave rise to the first appearance
before the council, then the current aDpearance shall
be treated as a third appearance for the purpose of
determining presumptive penalty_
�Z If a licensee has ar�peared before the council on three
(3) t�revious occasions, each for violations of this
chapter, and if said licensee aaain appears before the
council for a violation of this chapter, and if the
current violation occurred within twentv-four (24)
calendar months of the violation that gave rise to the
first anpearance, then the current anpearance shall be
treated as a fourth aopearance for the purpose of
determining the nresumptive penaltv.
� Any appearance not covered by subsections (1), (2) or
(3) above shall be treated as a first apz>earance. In
case of multit�le violations in any appearance, the date
to be used to measure whether twelve (12), eicrhteen
(18), or twentv-four (24) months have elapsed shall be
the date of the violation last in time at the first
at�t�earance, and the date of the violation first in time
at anv subseauent at�pearance.
2 o R� r�(� !/, � Section 2 C7,. �'�
1\ V {\�H
3 This ordinance shall take effect and be in force thirty (30) days
4 following its passage, approval and publication.
Ii�1�
D�V 25 '02
�
OFFICE oF LIEP September sa, aooa GREEN SHEET
Roger Curtis, Director o �4B
266-9013 No . 4 0 3 3 4 0
1 EPARTMENT DIRECTOR 4 ITY COUNCIL
,� 'Z ITY A'1"PORNEY ITY CLEAR
ust be on CounCil Agendd • °°"" s''' nixEC�rox IN. E MGT. SVC. DIR.
. „�
s soon as possible 3 YOR (OR ASSISTANT)
AL # OF SIGNATQRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
. CTION REQUESTED: An ordinance establishing a computation of time for the
enalty matrix involving the crime of sale of a tobacco product(s) to a minor.
COiM�*DATIONS: APPAOVE (A) OR RFJECT (R) ERSOlAL SERVICE CONTRACTS MQST ANSWER T8E FOLLODIIIIG:
PLANNZNG COMMISSION CNIL SERVICE COMPSZSSION Has the person/firm ever worked under a contract for this department?
. CIB COMNaITTEE BUSINESS REVIEW COUNCIL YES NO
STAFF _ Has this person/firm ever been a City employee?
DISTRICT COURT ' YES NO
3. Does this personlfirm possess a ski11 not normally possessed by any
UPPORTS WHICH COUNCIL OBJECTIVE? Curient City employee?
YES NO
lain all YES answers oa a seyarate sheat and attach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, [Nhat, When, Where, Why):
urrently no computation of time is in the existing penalty matrix ordinance
for the sale of tobacco roducts to a minor.
VANTAGES IF APPROVED:
ISADVANTAGES IF APPROVED:
ISADVANTAGES IF NOT APPROVED:
", OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
UNDING SOURCE ACTIVITY NUMBER
INANCIAL INFORMATION: (EXPLAIN)