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09-64 - 12-01 - call for administrative hearing - tobacco sales violation and ptential license revocation - WalgreensResolution 09-64 December 1, 2009 Member Freiberg introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR AN ADMINISTRATIVE HEARING ON TOBACCO SALES VIOLATION AND POTENTIAL LICENSE REVOCATION - WALGREENS WHEREAS, as per City Code the city conducts annual compliance monitoring of establishments that sell tobacco products; and WHEREAS, during such compliance check held on November 7, 2009 a clerk at Walgreens, 5695 Duluth Street, sold a package of cigarettes to a minor in violation of City Code; and WHEREAS, per City Code an administrative penalty is imposed on the individual and licensee; and WHEREAS, the City Code provides for an Administrative Civil Penalty for the first violation in a twelve month period of $50 for the Individual, and $150 Penalty for the Licensee and notification of such Penalties have been mailed; and WHEREAS, due to fact that Walgreens has failed three compliance checks in the last sixteen months, staff is recommending a revocation of the tobacco license; WHEREAS, City Code also provides that any licensee be given the opportunity to be heard by the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley hereby schedules an administrative hearing on January 5, 2010 at 6 pm. ATTEST: usan M. Virnig, City Clerk P Linda R. Loomis, Mayor The motion for the adoption of the foregoing resolution was seconded by Member Shaffer and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk.