7.2 SR 02-06-2023 - Laserfiche WebLink

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City of Elk ---1 �� Resolution 23- River A Resolution Imposing Administrative Penalties for Violations of Tobacco License Requirements WHEREAS, the Elk River Vape Bar (Vape Bar) is licensed to sell tobacco and tobacco products under Elk "River CityT Code � 26-67; and WHEREAS, State Law, Elk River Cityr Code, and the conditions of the license held byr the Vape Bar prohibit the sale of tobacco and tobacco products to persons under 21 yTears of age, and require employTees at the Vape Bar to confirm the age of anyT person to ��hom theyT sell tobacco and tobacco products. Elk River CityT Code � 26-33 holds the licensee responsible for the actions of its employTees in regard to the sale of tobacco or tobacco products; and WHEREAS, Elk River CityT Code � 26-35 authorizes the CityT to, from time to time, conduct unannounced compliance checks at each location `vhere tobacco and tobacco products are sold; and WHEREAS, on SeptembeY 15, 2020, the Elk RiveY Police DepaYtment conducted a compliance check at the Vape Bar byT having a person under the age of 21 (a Compliance Minor) attempt to purchase tobacco from the Vape Bar. The Vape Bar sold tobacco to the Compliance Minor despite being under 21 yTears of age. The Vape Bar, and the employTee who sold the product, were cited at the time of this violation and paid the citation; and WHEREAS, on October 31, 2022, after YepoYts of suspicious activities, the Elk RiveY Police apprehended a minor in possession of tobacco products. The minor stated that he had purchased the tobacco pYoducts from the Vape BaY, which the minoY stated did not pYoperly identify the age of potential customeYs as is required b�r lativ and its license. The minoY identified the employree tivho had sold him the products. Elk River police officers then spoke with the emplo�Tee, who admitted to selling the tobacco products to the minor; and WHEREAS, on December 5, 2022, the Elk River Police Department conducted an unannounced compliance check at the Vape Bar. The Vape Bar sold tobacco products to the Compliance Minor despite that peYson being undeY the age of 21; and WHEREAS,Elk River CityT Code � 26-73(a) states that anyT licensee who violates Cit�r Code and the conditions of the license shall be subject to the admitustrative penalties set forth in Minn. Stat. � 461.12. Minnesota Statutes � 461.12 states that foY a second violation �uithin a thirt�r-siY (36) month period, the CityT shall impose an administrative penalt�T of $600. For a third violation `vithin a thirtyr-siY (36) month period, Minnesota Statutes � 461.12 imposes an administrative penaltyr of $1,000 and a seven (7) da�T license suspension; and 225042v1