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WHEREAS, Minn. Stat � 461.12 requires that no suspension, revocation, or other penaltyT ma�r <br />take effect until the licensee has received written notice of the alleged violation or violations, and has <br />had an opportunityT for a public hearing on the alleged violation; and <br />WHEREAS, on December 14, 2022, the Cityr of Elk River provided the Vape BaY written notice <br />of the alleged violations on October 31, 2022, and December 5, 2022. This written notice instructed <br />the Vape Bar that it had the right to Yequest a hearing. The Vape BaY requested a hearing on the <br />alleged violations, which the Cityr of Elk River held on Februaryr 6, 2023. The Vape Bar was <br />pYesented with a full and fair opportunityr to speak at this hearing. <br />NOW, THEREFORE, BE IT RESOLVED by the CityT Council of the Cit�T of Elk River, <br />Minnesota, as follows: <br />1. The Cityr Council Yeaffirms the recitals above and the factual findings therein and <br />incorporates them herein as of restated in full. <br />2. The Vape Bar has a prior violation of CityT Code and the conditions of its license that <br />occurYed on SeptembeY 15, 2020. <br />3. The Vape Bar violated CityT Code and the conditions of its license on October 31, 2022, <br />byT selling tobacco products to a person under the age of 21 and byT failing to properl�T <br />identif�r the age of its potential customeYs. The OctobeY 31, 2022 violation was the <br />second violation `vithin a 36-month period. <br />4. The Vape Bar violated CinT Code and the conditions of its license on December 5, 2022, <br />byT selling tobacco products to a person under the age of 21 and byT failing to properly <br />identifyr the age of its potential customers. The DecembeY 5, 2022 violation was the third <br />violation `vithin a 36-month period. <br />Having considered the full record before it, including the police reports of the violations <br />and the testimonyT of the Vape Bar, the CityT Council finds that there is nothing which <br />would justify depaYting from the pYesumptive penalt�r under Minn. Stat � 461.12. The <br />Vape BaY shall pay an admitustrative penalty of $1,600.00 ($600.00 foY the OctobeY 31, <br />2022 violation and $1,000.00 for the December 5, 2022 violation) and shall have its <br />license suspended for seven (7) da�Ts. <br />Passed and adopted this 6`I' dayT of FebruaryT 2023. <br />John J. Dietz, MayoY <br />ATTEST: <br />Tina Allard, City Clerk <br />225042v1 <br />