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<br /> <br />City Council Minutes <br />November 17, 2025 <br />--------- <br />Page 6 of 11 <br /> Mr. Shepherd presented the staff report. He noted this was a license review hearing and discussed the <br />laws regarding age compliance checks. He further detailed the failures of Mr. Husein's business, Elk <br />River Tobacco. The hearing was opened, and Mr. Husein had an opportunity to comment. <br /> <br />Shaher Husein stated he would be representing his father at this hearing. (Noman Husein was also in <br />attendance) Mr. Shaher Husein stated that the fourth offense was outside the 24-month period, so they <br />should be on their third violation. He stated this was only their third violation within 36 months. He <br />stated they have had employee turnover, and they have set up different systems, and they have passed <br />different inspections from the county and the state health department. He stated they have done <br />everything they can to get their employees to cooperate with the rules. He stated they would like to <br />appeal the revocation, pay the $1,000 penalty, and would be willing to do a seven-day suspension. <br /> <br />Mayor Dietz questioned the city attorney about the discrepancy between the third and fourth <br />violations. Mr. Shepherd outlined the dates of the failed age compliance checks as noted in the packet <br />record, which were all within the 36-month time period. <br /> <br />Mr. Shaher Husein submitted documentation that he stated supported passing age compliance tests. <br /> <br />Police Juvenile Detective Sergeant Don Birdsall stated the police department partners with staff at <br />Sherburne County Public Health to do the compliance checks, which resulted in these four violations. <br /> <br />Mayor Dietz stated he has heard that Elk River Tobacco is well-known for selling products to underage <br />citizens. Mr. Birdsall stated that, in between these compliance checks, the police department has <br />received other complaints. He stated some have been documented, and that he personally received one <br />call from a parent who caught their kid with a vape device, and they learned the kid was purchasing <br />products from Elk River Tobacco. Mr. Birdsall explained how the compliance checks are not designed <br />to trick anyone, and he also explained how the driver's license is vertical for anyone under the age of 21 <br />versus horizontal for anyone else. He stated that if an employee is asking for ID, it should be very <br />obvious. Mr. Birdsall also noted the employee never asked for identification in any of the compliance <br />checks. <br /> <br />Councilmember Beyer asked if the employee was the same person in every case. Mr. Birdsall stated <br />they were all different. <br /> <br />Mayor Dietz asked Mr. Shepherd if he had any recommendations, noting that if the Council decides to <br />suspend the license, he would recommend it be longer than seven days. <br /> <br />Mr. Birdsall questioned who the owner of Elk River Tobacco is. Mr. Shaher noted that it is his father, <br />Noman Husein. Mr. Birdsall noted that one of the compliance check failures was done by Noman <br />Husein. <br /> <br />Councilmember Calva asked how many times Elk River Tobacco passed compliance checks. Mr. Shaher <br />Husein stated they have tests from the health department and was unsure. Mr. Shepherd confirmed <br />they did pass a check in 2023. <br /> <br />Councilmember Grupa questioned which establishments get checked. Mr. Birdsall stated that they go to <br />every business each year. <br /> <br />Mr. Shepherd noted two of the documents submitted by Elk River Tobacco are state health department