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Resolution 23-08 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 City Code § 26-67; and WHEREAS, State Law, Elk River City Code, and the conditions of the license held by the Vape Bar prohibit the sale of tobacco and tobacco products to persons under 21 years of age, and require employees at the Vape Bar to confirm the age of any person to whom they sell tobacco and tobacco products. Elk River City Code § 26-33 holds the licensee responsible for the actions of its employees in regard to the sale of tobacco or tobacco products; and WHEREAS, Elk River City Code § 26-35 authorizes the City to, from time to time, conduct unannounced compliance checks at each location where tobacco and tobacco products are sold; and WHEREAS, on September 15, 2020, the Elk River Police Department conducted a compliance check at the Vape Bar by 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 years of age. The Vape Bar, and the employee who sold the product, were cited at the time of this violation and paid the citation; and WHEREAS, on October 31, 2022, after reports of suspicious activities, the Elk River Police apprehended a minor in possession of tobacco products. The minor stated that he had purchased the tobacco products from the Vape Bar, which the minor stated did not properly identify the age of potential customers as is required by law and its license. The minor identified the employee who had sold him the products. Elk River police officers then spoke with the employee, 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 person being under the age of 21; and WHEREAS, Elk River City Code § 26-73(a) states that any licensee who violates City Code and the conditions of the license shall be subject to the administrative penalties set forth in Minn. Stat. § 461.12. Minnesota Statutes § 461.12 states that for a second violation within a thirty-six (36) month period, the City shall impose an administrative penalty of $600. For a third violation within a thirty-six (36) month period, Minnesota Statutes § 461.12 imposes an administrative penalty of $1,000 and a seven (7) day license suspension; and 225042v1