Trustee Robinson asked if the language saying penalties are subject to the
adjudication process can be strengthened by ordinance. Attorney Smith
said in the Village Code, there is a general penalty that applies to a
violation of the code where none other is stated. The minimum fine is either
$25 or $50 and the maximum fine is $750 per violation which is per act
which violates a requirement of the code. She asked if that would be
difficult for adjudication to apply. Manager Jackson said he does not think
so. She asked if outreach has been done to all businesses. Director Olsen
said the Development Services department has reached out to every
licensed business within Oak Park. The licensing inspectors also went out
and visited each of the establishments that we know sell the product. A few
are being followed up with this week to reach the business owner.
Trustee Robinson said she is happy to apply the standard penalty structure.
Director Olsen said the Public Health department approaches it as an
educational moment in the field to gain compliance. She asked if the
Village provides the signage. Director Olsen said the Village requires what
the signage has to say.
Trustee Wesley asked what would happen if a business is found to be
selling to a kid. Attorney Smith said the hearing officer would decide on a
case-by-case basis given the business' history and severity of the violation.
If a licensed business repeatedly violates the code, there is an opportunity
to suspend or revoke their business license as an ultimate measure.
Trustee Wesley inquired about the profit for the businesses. Director Olsen
said he does not know the profit margins off the top of his head. Trustee
Wesley said he thinks selling to a minor should be the maximum $750
penalty every time and he is fine with the sliding scale for the rest.
Trustee Parakkat asked if enforcement is reactive or proactive. Director
Olsen said that will be determined by the June 1 enforcement date. Other
municipalities do complaint-based and sting operations similar to
underage tobacco sales. Manager Jackson said specific enforcement
recommendations will come back to the Board.
Trustee Straw said he supports a set fine on the upper end of that range for
sales to underage individuals. For a certain number of violations in a set
period of time, it would make sense for there to be a suspension of the
business license until the business owner can demonstrate they have taken
appropriate steps to resolve that issue. He said he would love to see the
enforcement be proactive with sting operations.
Trustee Robinson said she would like to know staff's thoughts about
creating a bespoke set of penalties for one ordinance. She said she can
see the benefit in uniformity and still have an ordinance that has teeth. She
said she would not want to see a different set of penalties which would
make it harder for business owners to follow. Manager Jackson said staff
can address those questions when they come back to the Board.