Laserfiche WebLink
WHEREAS, Minn. Stat. § 461.12 requires that no suspension, revocation, or other penalty may <br />take effect until the licensee has received written notice of the alleged violation or violations, and has <br />had an opportunity for a public hearing on the alleged violation; and <br />WHEREAS, on December 14, 2022, the City of Elk River provided the Vape Bar 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 request a hearing. The Vape Bar requested a hearing on the <br />alleged violations, which the City of Elk River held on February 6, 2023. The Vape Bar was <br />presented with a full and fair opportunity to speak at this hearing. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, <br />Minnesota, as follows: <br />1. The City Council reaffirms 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 City Code and the conditions of its license that <br />occurred on September 15, 2020. <br />3. The Vape Bar violated City Code and the conditions of its license on October 31, 2022, <br />by selling tobacco products to a person under the age of 21 and by failing to properly <br />identify the age of its potential customers. The October 31, 2022 violation was the <br />second violation within a 36-month period. <br />4. The Vape Bar violated City Code and the conditions of its license on December 5, 2022, <br />by selling tobacco products to a person under the age of 21 and by failing to properly <br />identify the age of its potential customers. The December 5, 2022 violation was the third <br />violation within a 36-month period. <br />5. Having considered the full record before it, including the police reports of the violations <br />and the testimony of the Vape Bar, the City Council fords that there is nothing which <br />would justify departing from the presumptive penalty under Minn. Stat. § 461.12. The <br />Vape Bar shall pay an administrative penalty of $1,600.00 ($600.00 for the October 31, <br />2022 violation and $1,000.00 for the December 5, 2022 violation) and shall have its <br />license suspended for seven (7) days. <br />Passed and adopted this 6'' day of February 2023. <br />J J. ietz, �y or <br />ATTEST: <br />Tina Allard, City Clerk <br />225042v1 <br />