QUESTION
How long does it take to collect fines from smoke shops? What portion of them are paying?
3:07:47
·
3 min
Council Member Gale A. Brewer discusses the difficulties in collecting fines from smoke shops, highlighting a lack of clarity on payment timelines and compliance.
- Brewer expresses concerns about the efficacy of fine collection from smoke shops.
- She notes that there is uncertainty regarding whether and when fines are paid by these shops.
- Brewer mentions that only about 10% of smoke shops appear to be paying any fines.
- The issue of illegal operations among smoke shops and their high frequency of summonses is raised.
Gale A. Brewer
3:07:47
So there's, you know, smoke shops are my challenge right now.
3:07:52
So they are I go with the sheriff.
3:07:55
They get lots of charges against them.
3:07:57
I don't know if they ever pay.
3:07:59
I have no clue.
3:07:59
Some people say, maybe in a year or so they might pay.
3:08:03
In general, how long does it take to collect this money, not just from the smoke shops, But go on open date, it looks like about maybe 10% of them are paying something.
3:08:12
I don't know.
3:08:13
Yeah.
3:08:14
I would assume they've been getting a lot of summonses because There's a lot of them.
3:08:18
All illegal.
3:08:19
But that's just one example.
3:08:21
So my question is, how long how much is uncollected from what you can decipher?
3:08:26
And second, how long does it take the not just the smoke shop, but anybody can delay it.
3:08:32
Seems like about a year is what I'm told from the sheriff's people.
Asim Rehman
3:08:36
Yeah.
3:08:36
I understand
Gale A. Brewer
3:08:37
the time.
Asim Rehman
3:08:38
I understand the
Gale A. Brewer
3:08:38
concern.
Asim Rehman
3:08:40
It is not information that OthaaS because we're not in the collections business.
3:08:43
We adjudicate the cases.
3:08:45
We our hearing officers or our ALJ set the penalty.
3:08:49
And then it heads into the hands of other city agencies to go forward with the collection.
3:08:54
And with respect to the example you gave, there may be certain matters that are returnable to oath, and then there may be certain actions taken by the sheriff that actually don't come to oath.
3:09:04
So I'd I'd refer you to the enforcement agencies and to the law department because sometimes collections involve taking legal action for more information on the time it takes to do collections and other data regarding collections.
Gale A. Brewer
3:09:20
Alright.
3:09:20
But how long does it take for anybody who has an issue where they just disputed because some people do.
3:09:25
But, like, a year or so, you go you go back and forth just in terms of getting a final judgment.
Asim Rehman
3:09:30
I see.
3:09:31
So if it's an
Gale A. Brewer
3:09:32
The second question
Asim Rehman
3:09:33
I understand.
3:09:33
Thank you.
3:09:33
So for an oath matter, if an individual in our hearings division, if an individual in our hearings division respondent is found to be in violation.
3:09:44
They have 30 days or there's a 30 there's a 5 day window if it's mailed about 30 to 35 days to pay.
3:09:51
Correct.
3:09:51
And that payment has to be made even if they wanna file an appeal.
3:09:56
So that's the time it takes for them to pay.
3:09:59
So hopefully, they are those funds are hitting the city coffers.
3:10:04
Of course, if they appealed, then it might be some time until the appeal is done before they get a refund if they prevail upon on during appeal?
Gale A. Brewer
3:10:12
Okay.
3:10:13
So peep you're saying the people absolutely pay within that 35 They window?
Asim Rehman
3:10:18
They're supposed to.
Gale A. Brewer
3:10:19
Okay.
3:10:19
Well, they don't.
Asim Rehman
3:10:20
But but some don't?
Gale A. Brewer
3:10:22
None of the smoke shops are paying.
Asim Rehman
3:10:23
And if if it's if it's returnable to oath and they don't pay, then it goes to a separate set of hands.
3:10:29
For example, maybe the law department to take collection action There are other types of cases which are easier for the Department of Finance to collect on.
3:10:38
If they're auto docketed, that's a whole other conversation.
3:10:41
But
Gale A. Brewer
3:10:42
Right.
3:10:42
I get the picture.
3:10:43
I think it's something that hopefully the council will look at more because we have a very large uncollectible number.
