Thursday, October 18, 2012

East Bethel approves new rules for alcohol, tobacco sale violation

East Bethel City Council May 2 Made some changes to its regulations regarding alcohol and tobacco sales violations in order to give themselves more freedom of action for violation of, and clearly indicate that the license holder and not the official face financial penalties from the city.
Any business that sells tobacco products a person under 18 years of age or alcohol to a person under the age of 21 violates the law, and must pass a criminal case in Anoka County Court, which could lead to fines and community service to the clerk, who sold the goods. The City Council also has the ability to accept his punishment, including fines, community service, if the decisions on the spot, to show what can happen. In the old East Bethel ruling tobacco sales, the first violation may result in the license holder be fined $ 150. A second violation within 24 months means that the $ 300 fine. The officer would face a lower fine. In accordance with the new regulation of tobacco, the Council may at its discretion and not issue any fines for the first or second offense. The Council has some discretion to sell alcohol violations, but less than in the tobacco ordinance. Public works may still be a part of the punishment. The officer will not deal with the city administrative penalty in accordance with the new tobacco and alcohol sales regulations. Councilmember Heidi Moegerle on May 2 meeting suggested the possibility of leniency for the first two violations. Tobacco ruling in May 2nd package board included such statements as "First violation: the city imposes the civil penalty of up to $ 150." According to City Attorney Mark Vierling, the words "up to $ 150" means the Council can theoretically issue a $ 1 fine and will not be obliged to charge a $ 150 license holder as it would under the old decree. Moegerle said that people will read the regulations differently, so she wanted to replace the word "shall" with "May", so it is clear that the board may issue a warning and a fine. "I love you, more options," she said. Moegerle said the same treatment should be given to the order the sale of alcohol. The first violation of the license fee to $ 500, and the second violation and $ 1,000. However, Councilmember Robert DeRoche Jr. and then Mayor Richard Lawrence said that they feel people are selling alcohol to minors more serious than the sale of tobacco products that they wanted the word "will" in the first two violations, and replace the word " be ». Moergele agreed to change its position. However, future councils are still condescending, as a warning that the penalty could be "up to" a certain amount. The resolution also makes clear that the council will refuse to license a penalty for a first offense, or reduce the penalty for the violation, if the future holder of the license may be that the officer received training responsible beverage service. If the licensee has failed to prove within 14 days from the date of violation, that the clerk had already completed their training, the Council may suspend or revoke the license if the business has multiple violations within two years. Vierling will be concerned about the permanent organs in the future, he said. If the council does not penalize the licensee for a business that sells alcohol or tobacco products to minors face, following the offender may challenge the city if they are fined. Council on a 3-0 vote approved the changes in alcohol and tobacco sales regulations. Councilmember Bill Boyer and Steve Voss absent May 2 meeting when the decision was made. This topic has been in the field of view of the town since February. It all started after the council held a hearing on January 18 blue ribbons Pines Disc Golf. In Anoka County Sheriff's Office investigator Mike Valentin, 17-year-old woman working with him on the case verify that bought a bottle of Coors Light beer from Richard Jordan, August 31, 2011 in blue pine belt. Richard's father and owner of the business license holder Ray Jordan. Moegerle made a motion to refuse the license and the clerk is fine as long as the business has proved within 90 days that employees have completed the training of responsible beverage service. According to Ray Jordan, father of Richard was helping with the golf course drive the family and landscape business, but was not prepared for the sale of alcohol. He just filled in, as a clerk during the sale, because he saw someone in need. The Council finally approved the reduction in license fee of $ 250, if the business proved a skilled staff to the importance of asking for identification of anyone who wants to buy alcohol. Voss said the license holders should be held accountable for their actions. If the purpose of the Council that the first time, the offender shall be fined, the decision should be changed to reflect this, he said. Over the next three months, the council and Vierling worked on rewriting the regulations and the law has developed a new hearing, declare that this process will, when the violation occurs. The hearing decision provides an opportunity to hire a board official, for example, the judge retired to work to take readings. Council could still make a final decision on punishment.

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