HF 962

as introduced - 87th Legislature (2011 - 2012) Posted on 03/09/2011 09:28am

A bill for an act
relating to municipal tobacco licenses; limiting suspensions of licenses for sales
to minors upon compliance with certain requirements; amending Minnesota
Statutes 2010, section 461.12, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 461.12, subdivision 2, is amended to read:

Subd. 2.

Administrative penalties; licensees.

new text begin (a) new text end If a licensee or employee of a
licensee sells tobacco or tobacco-related devices to a person under the age of 18 years, or
violates any other provision of this chapter, the licensee shall be charged an administrative
penalty of $75. An administrative penalty of $200 must be imposed for a second violation
at the same location within 24 months after the initial violation. For a third violation at the
same location within 24 months after the initial violation, an administrative penalty of
$250 must be imposed, and the licensee's authority to sell tobacco at that location must be
suspended for not less than seven days.

new text begin (b) new text end No suspension or penalty may take effect until the licensee has received notice,
served personally or by mail, of the alleged violation and an opportunity for a hearing
before a person authorized by the licensing authority to conduct the hearing. A decision
that a violation has occurred must be in writing.

new text begin (c) Except as provided in paragraph (d), a license must not be suspended if the
licensee:
new text end

new text begin (1) has adopted and implemented a company policy that prohibits the sale of tobacco
to minors and imposes penalties for illegal sales;
new text end

new text begin (2) has implemented a training program;
new text end

new text begin (3) trains new employees within seven days of the hire date and annually thereafter;
and
new text end

new text begin (4) performs unannounced tests of employees on compliance with company policy.
new text end

new text begin (d) Notwithstanding paragraph (c), a licensing authority may suspend a license under
paragraph (a) if all of the following conditions are met:
new text end

new text begin (1) a license was not suspended under the provisions of paragraph (c);
new text end

new text begin (2) in a subsequent 24-month period violations under paragraph (a) or a local
ordinance occur in the same location; and
new text end

new text begin (3) the licensing authority reviews the violations and determines that the licensees'
training program and unannounced testing policy are inadequate to prevent violations
under paragraph (a).
new text end