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6 New Hope businesses cited for selling alcohol, tobacco to minors
BY SUE WEBBER
Six New Hope establishments have failed the city's Police Department compliance checks by selling alcohol or tobacco to a minor.
Violators of the city's liquor ordinance on Nov. 28 include:
Each will receive a $250 fine and have the option to have their employees attend a training class conducted by the New Hope Police Department in lieu of a three-day license suspension.
Establishments failing a tobacco compliance check were:
All four are first time-violators within the past 24 months and will receive $250 fines. They will be given the option of having their employees attend the Police Department's training class, in lieu of a three-day suspension of their licenses.
All business holding licenses for alcohol or tobacco in New Hope are sent letters twice a year advising them the police will be conducting compliance checks.
New Hope has 19 businesses licensed to sell alcohol and 24 licensed to sell tobacco products.
New Hope Police Detective Marty Williams conducted the most recent compliance checks with the assistance of an underage volunteer making the purchases.
Prior to imposing civil penalties to the licensee, the city council offers an opportunity for a hearing.
Licensees may admit or deny the allegations. If they fail to appear at the meeting, their rights to contest the allegation of the illegal sale and the scheduling of a hearing are waived.
The council in 2006 amended its ordinance to allow that after the first compliance check violation within a 24-month period, a suspension is waived if the retailer agrees to send employees through training regarding the sale of tobacco and alcohol products.
A first violation is punishable by a $250 fine and a three-day suspension, unless the offending establishment agrees to training. There is no option for training after the first violation. A second violation in 24 months is subject to a $500 fine and a five-day suspension. A third violation is punishable by a $1,000 fine and a 10-day license suspension.
On a fourth violation, the license is revoked.
An employee who commits the error is charged criminally as well, which results in $100 in prosecution costs and a one-year probation. If no more violations occur within that year, the charge is dropped.
Establishments undergoing suspension due to violations have to put away or cover their tobacco products and cease liquor sales. The Police Department monitors their compliance during the suspension.
The two-hour training offered to New Hope establishments by the Police Department requires that all employees be present. Establishments taking the training also reimburse the city for costs involved.
New Hope in 1997 adopted a strict ordinance regarding liquor and tobacco sales in an effort to reduce youth access to liquor and tobacco. One requirement of the ordinance is that police conduct unannounced compliance checks at each location where liquor and tobacco products are sold in the city.
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