Bill Text: MN HF962 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Tobacco license suspension alternatives authorized for sales to minors upon compliance with requirements.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-11 - Second reading [HF962 Detail]
Download: Minnesota-2011-HF962-Introduced.html
Bill Title: Tobacco license suspension alternatives authorized for sales to minors upon compliance with requirements.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-11 - Second reading [HF962 Detail]
Download: Minnesota-2011-HF962-Introduced.html
1.2relating to municipal tobacco licenses; limiting suspensions of licenses for sales
1.3to minors upon compliance with certain requirements;amending Minnesota
1.4Statutes 2010, section 461.12, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 461.12, subdivision 2, is amended to read:
1.7 Subd. 2. Administrative penalties; licensees. (a) If a licensee or employee of a
1.8licensee sells tobacco or tobacco-related devices to a person under the age of 18 years, or
1.9violates any other provision of this chapter, the licensee shall be charged an administrative
1.10penalty of $75. An administrative penalty of $200 must be imposed for a second violation
1.11at the same location within 24 months after the initial violation. For a third violation at the
1.12same location within 24 months after the initial violation, an administrative penalty of
1.13$250 must be imposed, and the licensee's authority to sell tobacco at that location must be
1.14suspended for not less than seven days.
1.15(b) No suspension or penalty may take effect until the licensee has received notice,
1.16served personally or by mail, of the alleged violation and an opportunity for a hearing
1.17before a person authorized by the licensing authority to conduct the hearing. A decision
1.18that a violation has occurred must be in writing.
1.19(c) Except as provided in paragraph (d), a license must not be suspended if the
1.20licensee:
1.21(1) has adopted and implemented a company policy that prohibits the sale of tobacco
1.22to minors and imposes penalties for illegal sales;
1.23(2) has implemented a training program;
2.1(3) trains new employees within seven days of the hire date and annually thereafter;
2.2and
2.3(4) performs unannounced tests of employees on compliance with company policy.
2.4(d) Notwithstanding paragraph (c), a licensing authority may suspend a license under
2.5paragraph (a) if all of the following conditions are met:
2.6(1) a license was not suspended under the provisions of paragraph (c);
2.7(2) in a subsequent 24-month period violations under paragraph (a) or a local
2.8ordinance occur in the same location; and
2.9(3) the licensing authority reviews the violations and determines that the licensees'
2.10training program and unannounced testing policy are inadequate to prevent violations
2.11under paragraph (a).
1.3to minors upon compliance with certain requirements;amending Minnesota
1.4Statutes 2010, section 461.12, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 461.12, subdivision 2, is amended to read:
1.7 Subd. 2. Administrative penalties; licensees. (a) If a licensee or employee of a
1.8licensee sells tobacco or tobacco-related devices to a person under the age of 18 years, or
1.9violates any other provision of this chapter, the licensee shall be charged an administrative
1.10penalty of $75. An administrative penalty of $200 must be imposed for a second violation
1.11at the same location within 24 months after the initial violation. For a third violation at the
1.12same location within 24 months after the initial violation, an administrative penalty of
1.13$250 must be imposed, and the licensee's authority to sell tobacco at that location must be
1.14suspended for not less than seven days.
1.15(b) No suspension or penalty may take effect until the licensee has received notice,
1.16served personally or by mail, of the alleged violation and an opportunity for a hearing
1.17before a person authorized by the licensing authority to conduct the hearing. A decision
1.18that a violation has occurred must be in writing.
1.19(c) Except as provided in paragraph (d), a license must not be suspended if the
1.20licensee:
1.21(1) has adopted and implemented a company policy that prohibits the sale of tobacco
1.22to minors and imposes penalties for illegal sales;
1.23(2) has implemented a training program;
2.1(3) trains new employees within seven days of the hire date and annually thereafter;
2.2and
2.3(4) performs unannounced tests of employees on compliance with company policy.
2.4(d) Notwithstanding paragraph (c), a licensing authority may suspend a license under
2.5paragraph (a) if all of the following conditions are met:
2.6(1) a license was not suspended under the provisions of paragraph (c);
2.7(2) in a subsequent 24-month period violations under paragraph (a) or a local
2.8ordinance occur in the same location; and
2.9(3) the licensing authority reviews the violations and determines that the licensees'
2.10training program and unannounced testing policy are inadequate to prevent violations
2.11under paragraph (a).
