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City Council Memo <br />Tobacco Ordinance <br />April 27, 1998 <br /> <br />· County Same as City. <br />· State Same as County and City. <br /> <br />Page 4 <br /> <br />6. Alternative penalties for minors found to have purchased, used <br />or possessed tobacco illegally. <br /> <br />· City Charge an administrative penalty of $50 and/or be required <br /> to complete tobacco related education classes, diversion <br /> programs, or community services. The City can still seek <br /> misdemeanor prosecution for violations of this ordinance. <br />· County Same as city except amount of fine is not determined. <br />· State Requires licensing authority to develop alternative <br /> penalties for minors. City's ordinance complies with this <br /> requirement. <br /> <br />7. Establishment of an administrative hearing panel and <br />administrative hearing process. <br /> <br />· City. The Administrative Hearing Panel shall consist of the <br /> members of the City Council. (The hearing panel can be <br /> whomever the Council deems. The opportunity for an <br /> administrative hearing must be afforded to alleged violators of <br /> this ordinance except for those violations treated by prosecution). <br />· County. The hearing officer shall be appointed by the County <br /> Board. (I understand that it is the County's intention to contract <br /> with an attorney or some other consultant for this position on an <br /> as needed basis). <br />· State. The State defines the hearing board as "a person <br /> authorized by the licensing authority to conduct the hearing." <br /> <br />ORDINANCE ADOPTION PROCESS: <br /> <br />This is not the actual public hearing for adopting the City's tobacco <br />ordinance. However, the purpose of the meeting is to hear issues <br />and concerns of the licensees and tobacco retailers. Therefore, <br />public comment would be appropriate to help the Council <br />determine if the above issues are of concern. <br /> <br />COUNCIL ACTION REQUESTED: <br /> <br />Council is requested to review and comment on issues 1-7. If there is <br />concern, it should be noted at this time, prior to the final ordinance <br /> <br /> <br />