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<br />Item 5.5. <br /> <br /> <br />- <br /> <br />MEMORANDUM <br /> <br />TO: Mayor and City Council <br /> <br />FROM: Joan Schmidt, City Clerk <br /> <br />DATE: September 12, 2005 <br /> <br />SUBJECT: Consider Tobacco License for Elk River BP <br /> <br />REQUEST <br />Tobacco license for Elk River BP <br /> <br />APPLICANT <br />Linda Persons <br /> <br />BACKGROUND <br />Councilmember Motin asked that this item be continued until September 12, 2005. <br /> <br />Linda Persons is requesting a license to sell tobacco, tobacco products, and tobacco related <br />devices at Elk River BP, located at 19696 Evans Street. She is considered a retail contractor <br />operator (RCO) responsible for the day-to-day operations. Under this arrangement, BP <br />owns the building and Ms. Persons runs the business for them. She obtains the license. <br /> <br />She is currendy the co-owner of two BP's - Bloomington and Edina. BP asked her to run <br />the Elk River BP because Oasis was leaving. <br /> <br />The two compliance checks in the past five years on the license that Ms. Persons holds in <br />the City of Bloomington were failed by employees. The one in January of 2005 was by an <br />employee who mistook the new license as saying 1983 when it said 1988. She was proactive <br />and obtained information and provided training. The incident in June of 2002 was by an <br />employee she felt was not being responsible and was let go. Both incidents had fines of <br />$500 which were paid by the store. The employees involved also were fined $50 each. <br /> <br />Compliance checks are conducted by the police department in combination with Sherburne <br />County twice a year. <br /> <br />A license issued is valid for one calendar year, expiring on December 31 st. <br /> <br />S:\Council\Joan\ Tobacco\Elk River BP2ndtime.doc <br />