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<br />According to Elk River City Code, ~ 26-63 Grounds for Denial, the City Council ha,s.;the'to\ <br />discretion to approve or deny a tobacco license if an applicant has been convicted of any <br />tobacco violation by local law within the past five years. I was attempting to give you a <br />history of past violations with the recommendation that if a compliance check was failed in <br />Elk River, the Council may wish to deny Ms. Persons' renewal in January. Also, Elk River <br />City Code, ~ 26-71 states: Any license issued under this division may be revoked or <br />suspended. <br /> <br />Per Elk River City Code, ~ 26-34 Penalties, Any licensee found to have violated this article, <br />or whose employee has violated this article, shall be charged an administrative penalty of $75 <br />for a first violation of this article, $200 for a second offense at the same licenses premises <br />within a 24-month period, and $250 for a third or subsequent offense at the same location <br />within a 24-month period. In addition, after the third offense, the license shall be suspended <br />for not less than seven days. <br /> <br />Police Chief Beahen will be present at the meeting on the 12th of September and can answer <br />questions that the Council may have regarding compliance checks. He also has discussed <br />this matter with Councilmember Motin and it was felt that it was not necessary for the <br />applicant to be present. <br /> <br />s: \ Council\Joan \ Tobacco \Elk River BP2ndtime.doc <br />