NEW ULM – Currently, any individual caught selling tobacco to minors from where they work receives a $50 administrative fee.

City Council discussed potentially changing the ordinance to remove that fee during Tuesday’s meeting. Finance Director Nicole Jorgensen said the fee is only applied after court and legal proceedings have taken place, and the person is found guilty. This creates a gap between when the offense occurs and the penalty is assigned.

“It ends up being months after by the time they’ve gone to court and everything,” she said. “They pay those related fees and fines, then they get this fee. They’re going, ‘Well, what’s this for?’ We’re also charging the business a much larger amount than we’re charging the individuals.”

Businesses are fined on a graduated scale based on the number of violations they’ve committed during a given period.

Jorgensen said they’ve received complaints about this fee.

“We got a little pushback from some people that have been fined in the past,” she said. “We thought about it and said ‘Yeah, it’s kind of silly to put more fees onto them, they’ve already paid.”

Councilor Les Schultz asked if there was a similar penalty for those who sell alcohol to minors. Jorgensen said they don’t have that penalty. Passing the ordinance change would make both sides equal in that regard. She said there’s also nothing in place currently for cannabis sales.

Schultz asked how much revenue the city makes from this fee currently. Jorgensen said maybe $50 a year, due to infrequency of offenses and waiting until after all proceedings have finished.

Councilor Larry Mack motioned to approve the first consideration of this ordinance change, with Councilor Eric Warmka seconding. The motion was approved unanimously. The change will undergo a second consideration and vote on whether to implement it or not at the next City Council meeting.