HomeMy WebLinkAboutVIII-11 (a,b) Civil Penalties - Northern Tier Retail LLC dba Speedway #4486
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: September 16, 2024
Item: Impose Sanctions and License Suspension Upon Retail Intoxicating Liquor and Tobacco
Licensee, Northern Tier Retail LLC dba Speedway #4486, 1390 S Frontage Rd
Council Action Requested:
Consider the attached resolutions approving civil penalties of the following of Speedway #4486, 1390 S.
Frontage Rd:
- Liquor License: $1,500 fine and 6-day suspension
- Tobacco License: $1,000 fine and 7-day suspension
Background Information:
On July 22, 2024, the City of Hastings conducted a liquor and tobacco compliance check of Speedway
Gas Station at 1390 S. Frontage Road, Hastings, MN 55033. Speedway failed the compliance checks and
did not participate in the Best Practices Program.
Pursuant to Section 111.10 of the City Code pertaining to Alcoholic Beverages, the presumptive civil
penalties for a second offense, Non-Best Practices Program Business of a $1,500 fine and a 6-day license
suspension to be levied against Speedway Gas Station. The licensee has been advised of the penalties and
that it has an opportunity to demand a hearing before the City Council.
Pursuant to Section 112.12 of the City Code and Minnesota Statute 461.12 pertaining to Tobacco
Regulations, the presumptive civil penalties for a third offense of a $1,000 fine and 7-day license
suspension to be levied against Speedway Gas Station. The licensee has been advised of the penalties and
that it has an opportunity to demand a hearing before the City Council.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Hastings City Code Section 111.10, Suspension or Revocation of License
• Hastings City Code Section 112.12, Hearings and Appeals and Minnesota Statute 461.12,
Municipal License of Tobacco, Tobacco-Related Devices, and Similar Products
• Police Report #24-900109
• Resolution Imposing Sanctions Upon Retail Intoxicating Liquor License Holder Speedway Gas
Station
• Resolution Imposing Sanctions Upon Tobacco License Holder Speedway Gas Station
• Speedway Letter for the Board
VIII-11 (a,b)
111.10 Suspension Or Revocation Of License
1. Suspending License. The City Council may suspend any retail license for up to 60 days or revoke
any retail license for the sale of alcoholic beverages upon the violation of any provision or
condition of this chapter or of any state or federal law regulating the sale of alcoholic beverages.
The City Council shall revoke the license for any willful violation, which under the laws of this
state, is grounds for mandatory revocation.
2. Notice To Suspend. Before the Council shall suspend or revoke any license issued under this
chapter, the licensee shall be given at least 10-days’ notice stating the time and place of the
hearing and the charges against the licensee. The notice shall also state that the licensee may
have a hearing conducted under M.S. §§ 14.57 through 14.69 of the Minnesota Administrative
Procedures Act, as they may be amended from time to time.
3. Presumptive Civil Penalties. The following process and presumptive penalties shall apply only to
liquor license violations involving failure of routine alcohol sales, compliance checks or sales of
alcohol to underage persons. There shall be no presumptive penalties for liquor license violations
of other types and the City Council may impose any penalties allowed by law for those violations
after the notice and opportunity for hearing provided in division (B) above.
1. Purpose. The purpose of this section is to establish a standard by which the City Council
determines the length of license suspensions and the propriety of revocations, and shall
apply to all on-sale and off-sale licensed premises. These penalties are presumed to be
appropriate for every case; however, the Council may deviate in an individual case where
the Council finds that there exist substantial reasons making it more appropriate to
deviate. When deviating from these standards, the Council shall provide written findings
that support the penalty imposed.
2. Best Practices Program. The Best Practices Program (BPP) is a program offered by the
City with the intent to eliminate sales of alcohol to youth. Participation in the BPP is
voluntary, it is offered to both off-sale and on-sale liquor establishments and offers
incentives to participating licensees to undertake certain practices with the objective of
avoiding sales to minors. The City will assist participating businesses with training and a
different set of presumptive penalties will apply to those who choose to participate,
should an illegal sale to a minor occur. Licensees may enroll at any time during their
license period, and will be offered an opportunity at the time of annual license renewal.
Interested licensees will provide written intent to participate, and will be categorized as a
Best Practices Business once they have successfully completed the requirements of the
program. It is the licensee’s responsibility to ensure continued compliance with the
program; the City may conduct random verification checks, and recertification will be
required during annual renewal of a liquor license. If a Best Practices Business has two
(2) or more violations within a three (3) year period, the City Council may choose to
disregard a business’ participation in the program and apply penalties different than the
BPP presumptive penalties.
Required Items
A minimum of 75% of alcohol selling employees (at any one time) have attended alcohol training
conducted by Hastings Police Department (or other training pre-approved by the City)
Business has an internal program in place for providing ongoing training of both new and current
alcohol selling employees (copy of program and tracking must be provided)
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Business has an internal policy requiring identification checks for anyone appearing to be 40
years old or under (copy of program and tracking must be provided)
Electives (Must Have 40 Points)
10 Business has an internal employee reward/recognition program for employees who catch any
underage customer attempting to purchase alcohol
10 Businesses uses an automated ID Card Scammer system or
20 Business uses an automated ID card scanner system that is integrated into register system*
10 Business has an internal policy setting a minimum age of 21 for employees to sell alcohol
products
10 Business agrees to meet immediately with city staff following a violation (instead of waiting for
criminal court proceedings)
Total electives selected
* Cannot elect both automated ID systems
3. Underage sales and compliance check failures. The following presumptive penalties
apply to liquor license violations involving failure of routine alcohol sales compliance
checks or sale of alcoholic beverages to an underage person(s).
Violation Best Practices Business Non-Best Practices Business
1st $500 civil penalty $1,000 civil penalty and 3 day
license suspension
2nd (within 24 months of first
violation)
$750 civil penalty and 3 day
license suspension
$1,500 civil penalty and 6 day
license suspension
3rd (within 24 months of first
violation)
$1,000 civil penalty and 6 day
license suspension
$2,000 civil penalty and 9 day
license suspension
4th (within 24 months of first
violation) Revocation Revocation
“Best Practices” designation applies to those license holders who at the time of the violation are
registered with the city to participate and are in compliance with its alcohol “Best Practices Program”.
1. Multiple violations. At a licensee’s first appearance before the City Council, the
Council shall act upon all of the violations that have been alleged in the notice
sent to the licensee. The Council in that case shall consider the presumptive
penalty for each violation under the 1st Violation column in division (3) above.
The occurrence of multiple violations shall be a basis for deviation from the
presumptive penalties in the Council’s discretion.
2. Subsequent violation. Violations occurring after the notice of hearing has been
sent to the licensee, but prior to the hearing, shall be treated as a separate
violation and treated as a subsequent violation before the City Council, unless
the City Administrator and licensee agree in writing to add the violation to the
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appearance and hearing on the initial violation for which notice was sent. The
same procedure shall apply to a second, third or fourth violation considered
before the Council.
3. Subsequent appearances. Upon a second, third or fourth appearance before the
City Council by the same licensee, the Council shall impose the presumptive
penalty for the violation or violations giving rise to the subsequent appearance
without regard to the particular violation or violations that were the subject of
the first or prior appearance. However, the Council may consider the amount of
time elapsed between appearances as a basis for deviation from the presumptive
penalties imposed by this section.
4. Computation of violations. Multiple violations are computed by reviewing the
time period of the two (2) years immediately prior to the date of the most
current violation.
5. Stipulations in lieu of hearing. When a liquor license violation involves a
licensee’s failure of a routine alcohol sales compliance check or sale of alcohol
to an underage person or persons to which these presumptive penalties apply,
documentation of the illegal sale shall be sent to the City Council by either the
Chief of Police or the City Administrator, together with notice of the applicable
presumptive penalty. If no Council member objects to application of the
presumptive penalty or otherwise requests that the matter be brought before the
Council within 7 days, the City Administrator or City Attorney may enter into a
written stipulation with the licensee which shall include a waiver of further notice
and hearing by the licensee, a recitation of stipulated facts describing the alleged
violation, and setting forth the applicable presumptive penalty to be imposed,
provided that all such stipulations shall be subject to the approval of the City
Council and if the approval is not granted, the licensee shall have the right to
withdraw its waiver of hearing and to demand a hearing before the Council.
6. Other penalties. Nothing in this section shall restrict or limit the authority of the
City Council to suspend a liquor license up to 60 days, to revoke the license, to
impose a civil fee not to exceed $2,000 to impose conditions, or to take any
other action in accordance with law; provided that the license holder has been
afforded an opportunity for a hearing in the manner provided by this chapter.
4. Costs. Once a notice of intent to revoke or suspend a license has been mailed to the licensee, the
licensee becomes responsible for all reasonable costs of investigation, administration and
hearings associated with the action as a condition of reinstatement, termination of suspension or
dismissal of the allegations prior to a hearing.
(Prior Code, § 3.10)
HISTORY
Amended by Ord. 483, 2nd Series on 5/20/2002
Amended by Ord. 509, 2nd Series on 4/5/2004
Amended by Ord. 2009-07, 3rd Series on 7/6/2009
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112.12 Hearings And Appeals
1. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued,
either personally or by mail, a citation that sets forth the alleged violation and penalty
and which shall inform the alleged violator of his or her right to be heard on the
accusation. The administrative penalties for illegal sales of licensed products contained
in M.S. § 461.12, as it may be amended from time to time, shall apply unless the City
Council determines that a more severe administrative penalty, suspension or revocation
shall be imposed.
2. Generally. Following receipt of a notice of denial issued under this chapter or notice of
violation and penalty issued under this section, or a notice of revocation, an applicant or
license holder may request a hearing before the City Council. A request for a hearing
shall be made by the applicant or license holder in writing and filed with the City Clerk
within 10 days of the mailing of the notice of denial or alleged violation. Following receipt
of a written request for hearing, the applicant or license holder shall be afforded an
opportunity for a hearing before the City Council.
3. Findings. If after the hearing, the applicant is found ineligible for a license or is found to
have violated this chapter, the City Council may affirm the denial, impose a fine, issue a
suspension or revocation, or impose any combination thereof. The decision shall be in
writing and shall set forth the reasons for the findings of the City Council. Copies shall be
provided to the applicant or license holder. Likewise, if the City Council finds that no
violation occurred or finds grounds for not imposing any penalty, the findings shall be
recorded and a copy provided to the applicant or license holder.
4. Decision. If the City Council determines that a violation of this chapter did occur, that
decision, along with the City Council’s reasons for finding a violation and the penalty to
be imposed under this chapter, shall be recorded in writing, a copy of which shall be
provided to the accused violator. Likewise, if the hearing officer finds that no violation
occurred or finds grounds for not imposing any penalty, the findings shall be recorded
and a copy provided to the acquitted accused violator.
5. Default. If the applicant or license holder has been provided written notice of the denial
or violation and if no request for a hearing is filed within the 10-day period, then the
denial, penalty, suspension, or revocation imposed pursuant to this section shall take
effect immediately by default. The City Clerk shall mail the notice of the denial, fine,
suspension, or revocation to the applicant or license holder.
6. Hearings. If a person accused of violating this section so requests, a hearing shall be
scheduled, the time and place of which shall be provided to the accused violator.
7. Hearing Officer. The hearing shall be held before the City Council and shall be open to
the public.
8. Appeals. Any appeal of the decision of the City Council must be filed with the District
Court within 10 days of the mailing of the City Council’s decision.
9. Misdemeanor Prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this chapter by a person 21
years of age or older. If the city elects to seek misdemeanor prosecution, no
administrative monetary penalty shall be imposed. If the city elects to seek misdemeanor
prosecution, the city is not precluded from suspending or revoking the license of a
licensee as provided by this chapter.
10. Continued Violation. Each violation, and every day in a violation occurs or continues,
shall constitute a separate offense.
(Prior Code, § 5.34) Penalty, see § 10.99
HISTORY
Amended by Ord. 2020-01, 3rd Series on 3/2/2020
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461.12 MUNICIPAL LICENSE OF TOBACCO, TOBACCO-RELATED DEVICES, AND SIMILAR
PRODUCTS.
Subdivision 1.Authorization.A town board or the governing body of a home rule charter or statutory
city may license and regulate the retail sale of tobacco, tobacco-related devices, and electronic delivery
devices as defined in section 609.685, subdivision 1, and nicotine and lobelia delivery products as described
in section 609.6855, and establish a license fee for sales to recover the estimated cost of enforcing this
chapter. The county board shall license and regulate the sale of tobacco, tobacco-related devices, electronic
delivery devices, and nicotine and lobelia products in unorganized territory of the county except on the State
Fairgrounds and in a town or a home rule charter or statutory city if the town or city does not license and
regulate retail sales of tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products. The State Agricultural Society shall license and regulate the sale of tobacco, tobacco-related
devices, electronic delivery devices, and nicotine and lobelia delivery products on the State Fairgrounds.
Retail establishments licensed by a town or city to sell tobacco, tobacco-related devices, electronic delivery
devices, and nicotine and lobelia delivery products are not required to obtain a second license for the same
location under the licensing ordinance of the county.
Subd. 2.Administrative penalties for sales and furnishing; licensees.If a licensee or employee of a
licensee sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices,
or nicotine or lobelia delivery products to a person under the age of 21 years, or violates any other provision
of this chapter, the licensee shall be charged an administrative penalty of $300 for the first violation. An
administrative penalty of $600 must be imposed for a second violation at the same location within 36 months
after the initial violation. For a third or any subsequent violation at the same location within 36 months after
the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to
sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at
that location must be suspended for not less than seven days and may be revoked. No suspension, revocation,
or other 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.
Subd. 2a.Penalties for sales of certain products; licensees.(a) A licensee's authority to sell tobacco,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location
must be suspended for not less than seven days and may be revoked if the licensee:
(1) holds a license or registration issued pursuant to chapter 342 or section 151.72, subdivision 5b, and
the license or registration is revoked;
(2) is convicted of an offense under section 151.72, subdivision 7; or
(3) has been convicted under any other statute for the illegal sale of marijuana, cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or edible cannabinoid products
and the sale took place on the premises of a business that sells tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery products.
(b) No suspension, revocation, or other 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.
Subd. 3.Administrative penalty for sales and furnishing; individuals.An individual who sells, gives,
or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
Official Publication of the State of Minnesota
Revisor of Statutes
461.12MINNESOTA STATUTES 20231
VIII-11 (a,b)
delivery products to a person under the age of 21 years may be charged an administrative penalty of $50.
No penalty may be imposed until the individual 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.
Subd. 4.Alternative penalties for use of false identification; persons under age 21.The licensing
authority shall consult with interested persons, as applicable, including but not limited to educators, parents,
guardians, persons under the age of 21 years, and representatives of the court system to develop alternative
penalties for persons under the age of 21 years who purchase, or attempt to purchase, tobacco, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products using a driver's license, permit,
Minnesota identification card, or any other type of false identification to misrepresent the person's age, in
violation of section 609.685 or 609.6855. The licensing authority and the interested persons shall consider
a variety of alternative civil penalties, including, but not limited to, tobacco-free education; tobacco cessation
programs; notice to schools and parents or guardians; community service; and court diversion programs.
Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.
Subd. 5.Compliance checks.A licensing authority shall conduct unannounced compliance checks at
least once each calendar year at each location where tobacco, tobacco-related devices, electronic delivery
devices, or nicotine or lobelia delivery products are sold to test compliance with sections 609.685 and
609.6855. Compliance checks conducted under this subdivision must involve persons at least 17 years of
age, but under the age of 21, who, with the prior written consent of a parent or guardian if the person is
under the age of 18, attempt to purchase tobacco, tobacco-related devices, electronic delivery devices, or
nicotine or lobelia delivery products under the direct supervision of a law enforcement officer or an employee
of the licensing authority. The age requirements for persons participating in compliance checks under this
subdivision shall not affect the age requirements in federal law for persons participating in federally required
compliance checks of these locations.
Subd. 6.Defense.It is an affirmative defense to the charge of selling tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years in
violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof
of age as described in section 340A.503, subdivision 6.
Subd. 7.Judicial review.Any person aggrieved by a decision under subdivision 2 or 3 may have the
decision reviewed in the district court in the same manner and procedure as provided in section 462.361.
Subd. 8.Notice to commissioner.The licensing authority under this section shall, within 30 days of
the issuance of a license, inform the commissioner of revenue of the licensee's name, address, trade name,
and the effective and expiration dates of the license. The commissioner of revenue must also be informed
of a license renewal, transfer, cancellation, suspension, or revocation during the license period.
History: 1941 c 242 s 3; 1941 c 405 s 3; 1951 c 382 s 1; Ex1959 c 73 s 2; 1973 c 123 art 5 s 7; 1982
c 572 s 2; 1997 c 227 s 4; 1Sp2001 c 5 art 7 s 63; 2010 c 255 s 7; 2010 c 305 s 4-9; 2014 c 291 art 6 s 28;
2020 c 88 s 4-8; 2023 c 63 art 6 s 53
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2023461.12
VIII-11 (a,b)
Hastings Police Department Incident Report
Incident:
GM-Liquor-Purchase/Sell/Bar
Incident Report Number: Between: Date -Time And/ At: Date-Time
24-900109 7/22/24 08:15
Incident Location:
1390 South Frontage Rd, Hastings, MN, 55033
Offense-1: Offense-2: Offense -3: Offense-4:
340A.503.2(1) 609.6855. l(a)
Offense -5: Offense-6: Offense -7: Offense-8:
DOB: Race/Sex
Address: (Address, City, State, Zip) Phone 1
Employer Phone 2
Employer Address Work Phone#
Name (Last, First, Middle) DOB: Race/Sex
Address: (Address, City, State, Zip) Phone 1
Employer Phone 2
Employer Address Work Phone#
SUMMARY
On 07/22/2024 at around 0815 hours officers responded to the 1300 block of South Frontage Road
for an Alcohol and Tobacco Compliance Check. Tamaronica Sharell Isom (age 22) of Cottage Grove
was charged with Selling Tobacco and Alcohol to Someone Under the Age of 21.
Vehicle Information: (Year, Make, Model, Style, Cofoi)
License Number: State: Expiration Year: Vin: Insurance Company:
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~ Freeman, Georgeann M. haafOl 07/23/2024
Time Received: Time Cleared: Unit(s) Assigned: Pages:
08: 15:00 08: 15:00 1423 1 Of 4
Reviewed by: Payroll Number: Copy To
McGrath, Brenda J. HAbm0l
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VIII-11 (a,b)
Hastings Police Department
Incident Report Number
24-900109 l'nciden{~c;t~n: South Frontage Rd, Hastings, MN,
NAMES
Suspect
Isom, Tamaronica Sharell B/F-22 of 9321 Jeffery Ave S,
Cottage Grove,MN,55016
DOB: 06/26/2002
HT: 509 WT: 150 Hair: Brown
Eyes: Unknown Complexion: Black
Phone 1: (312) 415-2437
Other-1
55033
Johnsen, Joseph Ray W/M-36 of 6281 Taylor Ave, 204, St. Paul,MN,55111
DOB: 11/05/1987
HT: 600
Eyes: Blue
WT: 205 Hair: Unknown
Complexion: Light Medium
Phone 1: (651) 328-4353 Phone 2: (612) 408-8323
Other-2
Polzin, Daniel U/M-53 of 4824 Sonoma Rd, Woodbury,MN,55129
DOB: 11/19/1970
Eyes: Unknown
Phone 1: (612) 599-3296
Location of Event
Speedway West #4486 of 1390 South Frontage Rd,Hastings,MN,55033
Phone 1: (651) 480-8700 Phone 2: (651) 480-8700
Continuation
----------------------------------------------------------------------------------------------------------------------------------------------------------
Reporting Officer(s):
Freeman, Georgeann M. !
Payroll Number:
haqf0l
VIII-11 (a,b)
Hastings Police Department Continuation
Incident Report Number
24-900109 llncidenlt L3oc9atioon: south Frontage Rd, Hastings, MN, 55033
NARRATIVE
On 7/22/2024 at approximately 0815 hours I, Officer Freeman #1423, was conducting a tobacco and
alcohol compliance check at Speedway (1390 South Frontage Road). The buyer, identified as , was
able to purchase a pack of Marlboro cigarettes for $11. 73 and a 6 pack of Mango Cart Beer for $10.49 at
the cash register. was 17 years old. Prior to the purchase, was advised to purchase a pack of
Marlboro cigarettes and a small case of beer at the cash register. and I had previously gone over
expectations for Alcohol and Tobacco Compliance which included showing real drivers license
and telling people age if they asked. and mother also signed a Tobacco Consent Form.
went into the store first and I walked in shortly after in plain clothes Geans and a sweatshirt). I saw
the cashier later identified as Tamaronica Sharell Isom DOB/2002-06-26 ask for ID which
provided. I did not see Tamaronica scan the ID with their system. Tamaronica collected the money related
to the transaction from for the purchase of the two items and the transaction was complete.
paid with a one 20-dollar bill and one 5-dollar bill. The total for the transaction was $22.82. At this point I
intervened and identified myself as a Hastings Police Officer. Tamaronica had another employee refund
the transaction and provided the money back. They also provided me with a receipt of the transaction for
record keeping which I later scanned into the casefile. I advised Tamaronica I would return back into the
store in a bit, and that I needed to grab something in my squad. I also explained I would bring back
outside prior to meeting with her and her manager.
I returned to my squad car and grabbed my body camera which I planned to use to record my
conversation with Tamaronica once I returned inside the store. For clarity and brevity, I have paraphrased
and summarized the incident which is the subject of this report. The items discussed may or may not be
written in the order they appear on the BWC. The words I have chosen for the report may not be the exact
words used by the involved parties.
When I first tried to speak with Tamaronica she told me I could talk to her manager and began to walk
away from me. I explained to Tamaronica that I needed to identify her. When I asked Tamaronica for her
name she would not give it to me at first and was silent. I explained to Tamaronica it was a lawful request
from a Police Officer and she would need to identify herself. Tamaronica then told me her name was, "T".
I questioned her and based on her response, I asked Tamaronica for an ID which she provided me. I
noticed her driver's license was from out of state. I asked Tamaronica where she currently lived, and she
said she had "general delivery" which I did not understand. Tamaronica was not being the most
cooperative. After a short time, Tamaronica provided her current address as 9321 Jeffery Avenue Sin
Cottage Grove, MN. I asked Tamaronica if she had been trained in checking ID's and she explained she
was. She advised she had worked at Speedway for 2 weeks. Tamaronica informed me she did not
specifically check ID but did ask to see it.
Reporting 0fficer(s):
Freeman, Georgeann M. !
Payroll Number:
haqf0l
VIII-11 (a,b)
Hastings Police Department Continuation
Incident Report Number
24-900109 llncidenlt L3oc9atioon: south Frontage Rd, Hastings, MN, 55033
I spoke with the manager on duty, and he was identified as Joseph Ray Johnsen DOB/1987-11-05.
Joseph explained Tamaronica had been through compliance training, and he explained he told his
employees the importance of checking I D's. Joseph said they had a system in place where they could
scan the ID into their system, or they could type the date of birth in as well. Joseph said their system was
working. He believed Tamaronica was going to be terminated based on the incident and I later learned
she was. I suggested Joseph continue to educate his employees. Joseph informed me the district
manager was Dan. Dan was later identified as Daniel Polzin DOB/1970-11-19. I called Daniel at 612-599-
3296 and advised him on the situation. He explained it was their company policy to terminate employment
for employees who sell to minors and advised Tamaronica had been terminated.
At 1554 hours I called Tamaronica and inquired if she had ever sold tobacco to a minor and she advised
she had not. I also began to explain the process to her so she would know what to expect. While talking
with Tamaronica, she hung up and I did not attempt a call back.
Since Tamaronica sold the cigarettes and alcohol to , who was 17 years old at the time, I am
requesting this case be sent up for charging considerations for the following charges.
Statute: 340A.503.2(1) Description: Liquor-Purchase/Sell/Barter/Furnish/Give to u/21yr Level of Offense:
Gross Misdemeanor Statute: 609.6855.l(a) Description: Nicotine delivery products -Sell nicotine delivery
product -Under 21 years old Level of Offense: Petty Misdemeanor
See BWC for further information related to the conversation with Tamaronica
Case Status: Refer to prosecutor review
Squad Video: No
Photos: No
Refer Adult Services: No
Refer Juvenile Service: No
Physical Evidence: No
Body Cam: Yes
Statements: No
Reporting 0fficer(s):
Freeman, Georgeann M. !
Payroll Number:
haqf0l
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Rebecca Townzen
9/12/2024
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Rebecca Townzen
9/12/2024
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September 12, 2024
VIA EMAIL TO KMurtaugh@hastingsmn.gov
City of Hastings
101 4th Street East
Hastings, MN 55033
RE: Tobacco & Alcohol Violation
Speedway LLC dba Speedway #4486/46544 1390 S. Frontage Road Hastings, MN 55033
Date of Violation – July 22, 2024
To Whom It May Concern,
This letter is being sent in addition to the signed Resolutions to the Authority on September 12, 2024.
The employee involved, Tarmonica Isom, had been trained from our Alcohol and Tobacco training program prior to
the alleged date of violation (July 22, 2024). It is our corporate policy that all employees are required to retake this training
annually. Re-training is immediately required for all employees working at a store that incurs a violation incident.
As a result of this incident, Tarmonica Isom was immediately terminated per our corporate age-restricted product sales
policy and her employment records are noted that her eligibility for future employment is subject to the same policy.
After this set of violation, this location has implemented a new age-verification solution within the Radiant Point of
Sale register system that verifies the legal age of a customer. This solution only allows age-restricted products to be purchased
if the customer identification is scanned/swiped into the register. There is no bypass or override options for the sales associates
to use and all customers of any age are required to present identification before a sale. This is not often popular with customers
of more than legal age, but when we advise it is corporate policy to avoid minor sales, it seems to quiet the critics.
Please know we remain steadfast in our goal of ensuring that this type of violation does not occur in our stores. In
addition to providing all employees with written notification of all policies, we continue to provide comprehensive training to
include a full and complete explanation of internal disciplinary policies and procedures for employees failing to adhere to
required compliance standards and “BARS” compliance checks are conducted throughout our brands.
If you have any questions or concerns, please feel free to contact me directly at 972-828-6879 or via email @
Rebecca.Townzen@7-11.com.
Yours very truly,
Rebecca Townzen
Regulatory Compliance Analyst
7-Eleven, Inc.
3200 Hackberry Rd, Irving, TX 75063
Digitally signed by RebeccaTownzenDN: cn=Rebecca Townzen, c=US,email=rebecca.townzen@7-11.comDate: 2024.09.12 10:14:47 -05'00'
Rebecca
Townzen
VIII-11 (a,b)
STATEMENT OF PARTICULARS
In reference to the Tobacco and Alcohol violation at Speedway #4486/46544, we
respectfully provide the following:
1. Licensee, Speedway LLC, owns and operates the subject store located at 1390 S.
Frontage Road in Hastings, MN.
2. Pursuant to 7-Eleven/Speedway’s Age-Restricted Products Sales policies &
procedures, the employee/cashier in this matter was immediately terminated. We
adhere to a zero tolerance policy for any and all sales of alcohol and tobacco products
to minors. A copy of this policy & procedure document is attached for reference.*
3. 7-11/Speedway has an extensive and mandatory new hire training program which
includes alcohol and tobacco sales training. Completion certificates are kept on file
for each employee.
4. 7-11/Speedway also has a re-training schedule for all employees involved in Age-
Restricted Product Sales that requires store management to maintain completion
records. This re-training is immediately required for all employees working at a store
that incurs a violation incident.
5. 7-11/Speedway conducts “mystery shop” internal compliance checks at all locations
on a regular basis (BARS Program). Resulting reports are discussed with store
management and employees as a continued reminder of policies, procedures,
regulatory compliance, etc.
*We request this internal 7-11/Speedway document be maintained and utilized for
purposes of this case only.
VIII-11 (a,b)
Age-Restricted Products Sales Page 1 of 5 Revised Date: January 4, 2023
Age-Restricted Product Sales Policy
Previously Issued: July 20, 2022 Date Revised: January 4, 2023
Functional Area: Employment Document No: 03-40
1.1 To establish a policy for the selling of Age-Restricted Products and provide guidance
when Employees in Corporate Stores fail internal Mystery Shops or Governmental
Inspections regarding the sale of Age-Restricted Products.
2.1 All United States Corporate Store Employees regardless of banner.
3.1 Requirements regarding the sale of Age-Restricted Products.
4.1 All Employees are prohibited from selling Age-Restricted Products to persons under
twenty-one (“21”) years of age.
4.2 All Employees working in a Corporate Store must request Photo Identification before
the sale of Age-Restricted Products for all customers who look to be under the age of
thirty (“30”) except for customers in Colorado; Indiana; Massachusetts; Nevada and
Tennessee.
4.2.1 In Colorado, all Employees working in a Corporate Store must request Photo
Identification before the sale of Age-Restricted Products for all customers
who look to be under the age of fifty (“50”).
4.2.2 In Indiana, all Employees working in a Corporate Stores must request photo
Identification before the sale of Alcohol Products for all customers who look
under the age of forty (“40”).
4.2.3 In Massachusetts and Connecticut all Employees working in a Corporate
Store must request Photo Identification before the sale of Tobacco Products
for all customers, regardless of age.
4.2.4 In Nevada, all Employees working in a Corporate Store must request photo
Identification before the sale of Tobacco Products for customers who look to
be 40 years old or younger using enhanced controls like scanning technology
or other automated systems to verify age on a person’s driver’s license.
1. PURPOSE
2. APPLIES TO
3. POLICY OVERVIEW
4. POLICY
VIII-11 (a,b)
Age-Restricted Products Sales Page 2 of 5 Revised Date: January 4, 2023
4.2.5 In Tennessee, all Employees working in a Corporate Store must request Photo
Identification before the sale of Alcohol Products for all customers, regardless
of age.
4.3 All Employees must have received Age-Restricted Product Sales training before they
are able to sell any Age-Restricted Products. Refresher training should be taken at
least annually, unless directed otherwise.
4.3.1 Employees must certify they have completed training and a record of the
completed that training must be maintained.
4.3.2 Store Leaders must ensure their Employees receive and complete training.
4.4 All Governmental Inspection violations must be reported to Corporate Compliance.
4.5 Violation of this policy will result in disciplinary action up to and including
termination. Sale to a minor will result in termination from employment.
4.6 Any Employee terminated for non-compliance is not eligible for rehire until (1) one
year has passed since Employee’s termination; (2) the appropriate Market Leader,
Area Leader, and/or Zone Vice President/Leader has approved in writing to Human
Resources such rehire; and (3) Employee has successfully completed all necessary
training as determined by the Company.
5.1 The Company or a government agency will shop at a Corporate Store and attempt to
purchase an Age-Restricted Product.
5.2 Internal Shops
5.2.1 7-Eleven contracts with an independent third party to conduct mystery shops.
This shop is considered an Internal Shop. Employees are required to
successfully complete a company-designated training program before selling
any age-restricted product. Any Employee who fails an Internal Shop will be
required to successfully complete a company-designated training program.
5.2.2 Any violation of an Internal Shop may lead to disciplinary action up to and
including termination.
5.2.3 A terminated Employee will not be eligible for rehire unless process detailed
in section 4.6 above is followed.
5.2.4 The Supervisor of an Employee who fails an Internal Shop may also be subject
to discipline.
5.3 Governmental Inspection
5. PROCEDURE
VIII-11 (a,b)
Age-Restricted Products Sales Page 3 of 5 Revised Date: January 4, 2023
5.3.1 Upon violation of a Governmental Inspection, Employee will be
terminated.
5.3.2 A terminated Employee will not be eligible for rehire unless process detailed
in section 4.6 above is followed.
5.3.3 The Supervisor of an Employee who fails a Governmental Inspection may also
be subject to discipline.
6.1 Company. 7-Eleven, Inc. and its subsidiaries and affiliates.
6.2 Employee. An individual employed by 7-Eleven, Inc.
6.3 Corporate Store. 7-Eleven Stores and other stores owned by or affiliated with 7-
Eleven, Inc.
6.4 Age-Restricted Products. Any product sold in a Corporate Store that has an applicable
law governing the age of a person who can purchase such product. Products include:
6.4.1 Alcoholic Beverages such as beer, wine, liquor, and beverages containing
liquor.
6.4.2 Tobacco Products such as cigarettes, cigars, chewing tobacco, smokeless
tobacco, herbal cigarettes, vaporizers, e-cigarettes (e-cigs), e-liquid, e-pipes,
any other electronic nicotine delivery systems (ENDS) and all tobacco-related
paraphernalia such as rolling papers, pipes, butane lighters and inhalants
(where applicable by State and Local laws).
6.4.3 Lottery Products
6.4.4 Certain Over-The-Counter (“OTC”) Cold Medications
6.5 Internal Shop. A shop conducted at a Corporate Store by Company management or
by an independent outside firm hired by the Company to purchase Age-Restricted
Products and test compliance with this policy.
6.6 Governmental Inspection. A shop conducted at a Corporate Store by a government
agency or entity operating under the direction of/or authority of a government
agency to attempt to purchase Age-Restricted Products. This may include the U.S.
Food and Drug Administration (FDA), a state law enforcement agency or a county or
municipal agency.
6.7 Photo Identification (Photo I.D.). An unexpired government-issued card which
contains date of birth and photo of person. Examples include driver’s license,
learner’s permit, non-driver identification card issued by the Commissioner of Motor
Vehicles of the State, military identification card and passport.
6. DEFINITIONS
7. EXCEPTIONS
VIII-11 (a,b)
Age-Restricted Products Sales Page 4 of 5 Revised Date: January 4, 2023
None.
Code of Conduct
Standards of Conduct (03-01)
None.
Version Date Owner Reviewer(s) Revision Reason
9.0 January 4,
2023
Human
Resources
Legal and
Compliance
Massachusetts not just Boston
requires photo ID for the sale of
Tobacco Products regardless of age;
and Nevada requires photo
Identification before the sale of
Tobacco Products for customers who
look to be 40 years old or younger
using enhanced controls like scanning
technology or other automated
systems.
8.0 July 20,
2022
Human
Resources
Legal and
Compliance
No substantive revisions; minor
grammatical revisions and review.
7.0 July 1,
2022
Human
Resources
Legal and
Compliance
Added Connecticut to 4.2.3 which
requires all employees to check
Photo Identification before the sale
of Tobacco Products for all customers
regardless of age.
6.0 May 30,
2022
Human
Resources
Legal,
Compliance
Updated Colorado; Indiana; Boston,
Massachusetts, and Tennessee state
Regulations; all Governmental
Inspection violations must be
reported to Corporate Compliance;
added Standards of Conduct as a
related policy.
5.0 July 12,
2021
Human
Resources
Legal,
Compliance
Minor grammatical revisions and
deleted any reference to Horizon
Stores and included terms so that this
policy applies to all 7-Eleven Stores.
4.0 August
24, 2020
Human
Resources
Legal,
Compliance
Put in new format and modified
internal shop failure may result in
disciplinary action up to and including
termination. Changed policy number
from 03-17 to 03-40.
8. RELATED POLICIES
9. FORMS
10. REVISION HISTORY
VIII-11 (a,b)
Age-Restricted Products Sales Page 5 of 5 Revised Date: January 4, 2023
3.0 November
9, 2018
Human
Resources
Legal,
Compliance
Combined with Sunoco Policy 0101,
added Additional Guidance
document.
2.0 August
31, 2017
Human
Resources
Revision history unknown.
1.0 April 15,
2015
Human
Resources
Revision history unknown.
VIII-11 (a,b)
Age-Restricted Sales Policy-Guidance Page 1 of 3 Revised Date: January 6, 2023
Age-Restricted Product Sales – Guidance
Company policy requires age verification for anyone who appears to be thirty (“30”) years or
younger for alcohol, tobacco and tobacco-related products, lottery, and other age-restricted
products.
Selling alcohol or tobacco-related products to a legal age adult who, in turn, is going to give
or sell alcohol or tobacco-related products to someone under the legal age is prohibited.
The FDA requires a photo ID check of all customers under age twenty-seven (“27”) who
attempt to purchase any tobacco product. These products include cigarettes, cigars,
chewing tobacco, smokeless tobacco, herbal cigarettes, vaporizers, e- cigarettes (e-cigs), e-
liquid, e-pipes, any other electronic nicotine delivery systems (ENDS) and all tobacco-related
paraphernalia such as rolling papers, pipes, butane lighters and inhalants (where applicable
by State and Local laws). Certain states, counties, and municipalities may have other age
restrictions.
A number of states and local authorities are also requiring a photo ID check for customers at
various ages for the sale of alcohol and tobacco and tobacco-related products. For example:
• In Colorado, all employees working in a Corporate Store must request Photo
Identification before the sale of any Age-Restricted Products for all customers
who look to be under the age of fifty (“50”).
• In Indiana, all employees working in a Corporate Store must request photo
Identification before the sale of alcohol products for all customers who look
to be under the age of forty (“40”).
• In Massachusetts and Connecticut all employees working in a Corporate
Store must request Photo Identification before the sale of tobacco products
for all customers regardless of age.
• In Nevada, all employees working in a Corporate Store must request photo
Identification before the sale of tobacco products for customers who look to
be forty (“40”) years old or younger using enhanced controls like scanning
technology or other automated systems to verify age on a person’s driver’s
license.
• In Tennessee, all employees working in a Corporate Store must request Photo
Identification before the sale of alcohol products for all customers regardless
of age.
ALL VIOLATIONS MUST BE REPORTED TO CORPORATE COMPLIANCE!
(See process next page)
GUIDANCE
VIII-11 (a,b)
Age-Restricted Sales Policy-Guidance Page 2 of 3 Revised Date: January 6, 2023
ALL VIOLATIONS MUST BE REPORTED TO CORPORATE COMPLIANCE!
Process:
The following process applies to all sales regarding Age-Restricted Products:
Upon receipt of any notice of a possible failed inspection, citation or violation (including
FDA), warning letter, failed compliance check letter, etc, the Store Team must immediately
notify their Area Leader and provide a copy of all related documentation via the Zipline form
titled “Document Submission-Violations/Warning Letters.” For those stores that do not have
access to this Zipline form, stores are to report and send document copies by way of email to
GM-SPWYLegalNotices@7-11.com.
Corporate Compliance must be notified of any violation (including FDA) within 24-48 hours
after knowledge or receipt of the notice of violation, warning letter, failed compliance check
letter, etc. Again, the reporting process is via the Zipline Violations/Warning Letters
document submission form OR via GM-SPWYLegalNotices@7-11.com.
• The Corporate Compliance Team will handle the violation cases and any required
response letters to the regulatory agencies, work to mitigate, settle and pay fines
as may ultimately be required.
• Point of Sales (POS) registers should be prompting for age-verification for all Age-
Restricted Products sales. If your register is not doing so, please create a 7HELP
ticket and follow to resolution.
• The assigned Human Resources Business Partner will work with the Store Leader
and Area Leader to review the store video and information in the violation
documentation (warning letter, citation, etc.) to determine disciplinary actions to
be taken.
As a reminder, if an employee sells or attempts to sell Age-Restricted Products to an
underage person, the employee will be terminated from employment. The full Age-
Restricted Products Policy and Procedures can be found in the Operations Manual.
Area Leaders:
Please work with your store teams to address these requirements. Should you have any
questions regarding this policy guidance, please contact Corporate Compliance at
Compliance@7-11.com.
Version Date Owner Reviewer(s) Revision Reason
6.0 January
6, 2023
Human
Resources
Legal and
Compliance
Massachusetts not just Boston
requires photo ID for the sale of
Tobacco Products regardless of
age; and Nevada requires photo Identification before the sale of Tobacco Products for customers
who look to be 40 years old or
REVISIONS
VIII-11 (a,b)
Age-Restricted Sales Policy-Guidance Page 3 of 3 Revised Date: January 6, 2023
younger using enhanced controls
like scanning technology or other
automated systems.
5.0 July 1,
2022
Human
Resources
Compliance Added Connecticut which requires
all employees to check Photo
Identification before the sale of Tobacco Products for all customers regardless of age.
4.0 May 30, 2022 Human Resources Compliance Update checking Photo Identification and follow state and local requirements, requiring
violation notification to Corporate
Compliance; and updating the
process for notification.
3.0 July 12,
2021
Human
Resources
Compliance Update Process and Supervisory
Titles to current Naming
Conventions.
2.0 August
24, 2020
Human
Resources
Compliance New format and Horizon store
reference.
1.0 November 9, 2018 Human Resources Compliance Created combined guidance for Core and Horizon stores to the
Age-Restricted Sales Policy.
VIII-11 (a,b)
VIII-11 (a,b)
VIII-11 (a,b)
COOL 4.5 Age-Restricted Products 73
Age-Restricted Products
Goal: Apply processes and laws, and understand the implications of selling age-restricted
products.
Marcus put his plan into place to ensure his employees knew about anti-money
laundering but he did not want to stop there. "I want to make sure my staff is
following all required laws". He called a team huddle to review the age-restricted products in
the store, role-played how to reject a sale to a minor trying to purchase those products and the
consequences that could come to them and the store for ignoring these standards. Marcus's
staff felt prepared and he in turn felt better about his store when he was there and away.
Why Is This Important?
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age restricted products?
What Do I Need to Know?
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how to refuse a sale
Take the appropriate eLearning course in the Catalog > Compliance tab based on
your location:
Age-Restricted Sales - U.S.
ID Zone - Canada
Policy
7-Eleven’s policy meets or exceeds the age requirement for the Federal government
and all state (U.S.) / provincial (Canada) governments: you must request valid ID
for all persons appearing to be 30 years of age or younger. Failure to request valid ID
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privileges to sell age-restricted products.
VIII-11 (a,b)
74 Age-Restricted Products COOL 4.5
Read the following chapters for more information on how to ring age-restricted
sales on the POS:
6WRUHV!2SHUDWLRQV0DQXDO!2SHUDWLRQV%DFN2ϒFH!$VVHW3URWHFWLRQ!
&KHFNLQJ,GHQWL¿FDWLRQRQWKH3266\VWHP
Ringing up Age Restricted Products (sub-chapter)
Inhalant Product Sales
Restricted Medication Product Sales
Toxic Vapor or Liquid Product Sales
Processing Sales
U.S.
Read, for steps on how to process an age-restricted sale:
POS Training Guide for Store Employees > Scan Age-Restricted Items (p. 9)
If your customer does not comply with the sale of the age-restricted product(s)...
For example, tobacco and alcohol
under the required age
no ID
ID is not valid
customer is intoxicated or something
similar
time of day
… communicate the age-restricted guidelines to your customer while refusing the sale
by following these steps:
For tobacco For alcohol
1. Refuse sale by telling the
customer.
2. State the reason why by citing
appropriate policy and law.
1. Refuse sale by telling the customer.
2. State the law.
3. Remove the product from the counter.
4. Turn slightly away from the customer.
E-Cigarettes
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What 7-Eleven is doing
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Canada
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ǡreach for the age-restricted
product and complete Ǥ
States / provinces
routinely conduct
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following state / provincial
law on age-restricted
sales. Such checks are
conducted randomly.
There are severe penalties
for both your store and
your employees for failing
to comply with state /
provincial laws.
Some states /
provinces require
you to complete a lottery
commission class or
orientation before you can
take over your store. Ask
your facilitator to help
schedule one if necessary.
VIII-11 (a,b)