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2017.02.07 Work Session Packet (2nd) Posted: Feb. 3, 2017 City Council Second Work Session Agenda Feb. 7, 2017 Immediately following the regular City Council meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at ______ p.m. on Feb. 7, 2017 in Conference Room A at City Hall, 4141 Douglas Dr. N., Crystal, Minnesota. I. Attendance Council members Staff ____ Dahl ____ Norris ____ Deshler ____ Therres ____ Kolb ____ Revering ____ LaRoche ____ Gilchrist ____ Parsons ____ Serres ____ Adams ____ Sutter ____ Budziszewski II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Tobacco license violation 2. Changes to chapters 3 and 6 of the City Code 3. Liquor license for Milton’s – Crystal Ball 4. Constituent issues update 5. New business* 6. Announcements* * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531- 1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: February 2, 2017 TO: Mayor and City Council FROM: Anne Norris, City Manager Stephanie Revering, Police Chief Troy Gilchrist, City Attorney Chrissy Serres, City Clerk RE: Tobacco license violation Background The city licenses and regulates the retail sale of tobacco, tobacco-related devices and electronic delivery devices as defined in state statutes. As per state law and city ordinance, the police department conducts unannounced compliance checks at licensed tobacco establishments at least once a year. Recently, a tobacco licensee failed a compliance check when an employee sold an electronic delivery device product to a person under the age of 18. State law and City Code include administrative penalties for retail tobacco violations. The administrative penalties for each are as follows: Discussion Staff intends to add the license violation to a future Council meeting and Staff thought it was prudent for Council to an opportunity to discuss prior to The Council should discuss Staff would like to discuss adding this license violation to a future council meeting. Tobacco License Administrative Penalties First Violation Second violation within 24 months after the first violation Third violation within 24 months after the first violation Fourth violation within 36 months after the first violation: State law (M.S. 461.12) $75 $200 $250 plus a license suspension for not less than seven days Not defined in state statute City Code (Sec. 1137.11) A civil fine up to $750 and license suspension for a period up to one day A civil fine up to $1,500 and license suspension for a period up to five days A civil fine up to $2,000 and license suspension for a period up to 10 days Revocation of license 609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN. Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of 18 years a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, is guilty of a misdemeanor for the first violation. Whoever violates this subdivision a subsequent time within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor. (b) It is an affirmative defense to a charge under this subdivision if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6. (c) Notwithstanding paragraph (a), a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, may be sold to persons under the age of 18 if the product has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Subd. 2. Other offense. A person under the age of 18 years who purchases or attempts to purchase a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, and who uses a driver's license, permit, Minnesota identification card, or any type of false identification to misrepresent the person's age, is guilty of a misdemeanor. Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and 2, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco or an electronic delivery device as defined by section 609.685, is guilty of a petty misdemeanor. History: 2010 c 305 s 12; 2014 c 291 art 6 s 34 Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 609.6855MINNESOTA STATUTES 20161 493896v1 CR205-30 CITY OF CRYSTAL MINNESOTA RESOLUTION NO. 2017-____ RESOLUTION AUTHORIZING MILTON’S CAFÉ TO DISPENSE INTOXICATING LIQUOR OFF PREMISES AT THE CRYSTAL BALL ON MARCH 18, 2017 AT THE CRYSTAL COMMUNITY CENTER WHEREAS, Minnesota Statutes, Chapter 340A and Crystal Code Chapter XII, provides for liquor licensing in cooperation with the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety; WHEREAS, Minnesota Statutes, section 340A.404, subdivision 4(b) provides that as to a community festival, the governing body of a municipality may authorize the holder of a retail on-sale intoxicating liquor license issued by the municipality to dispense intoxicating liquor off premises at a community festival held within the municipality; WHEREAS, the Crystal Ball is a qualifying community festival in that it is an annual event held at the City of Crystal Community Center and has the objective of promoting a spirit of pride, a sense of community, and an atmosphere of celebration for all residents and volunteers within the City of Crystal; WHEREAS, Milton’s Café, LLC, doing business as Milton’s Café, located at 3545 Douglas Drive North, Crystal, Minnesota currently holds a retail on-sale intoxicating liquor license within the City of Crystal ; WHEREAS, Milton’s Café desires to provide liquor sales for the Crystal Ball and shall endeavor to ensure that no alcohol will be sold to minors by checking identification; WHEREAS, the City of Crystal specifies that the only designated area in the Community Center in which intoxicating liquor may be dispensed by Milton’s Café and consumed by patrons of the Crystal Ball is in _______________________; and WHEREAS, Milton’s Café has the required liability insurance as prescribed by Minnesota Statutes, section 340A.409 to cover the Crystal Ball. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that Milton’s Café, LLC, doing business as Milton’s Café, located at 3545 Douglas Drive North, Crystal, Minnesota, is authorized to sell intoxicating liquor off premises at the Crystal Ball on March 18, 2017, in the _____________ room of the Crystal Community Center between the hours of 5:00 p.m. to 11:00 p.m. 2 493896v1 CR205-30 Adopted by the Crystal City Council this _____ day of February 2017. BY THE CITY COUNCIL _________________________________ Jim Adams, Mayor ATTEST: ________________________________ Christina Serres, City Clerk