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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br /> <br />Request for Action <br /> <br />To <br />City Council <br />Item Number <br />8.1 <br /> <br />Meeting Date <br />November 17, 2025 <br />Prepared By <br />Tina Allard, City Clerk <br /> <br />Item Description <br />Tobacco Compliance Failures: Elk River Tobacco <br />Reviewed by <br />Cal Portner <br /> <br />Action Requested <br />Discuss penalties for age compliance check failures at Elk River Tobacco, LLC. If the Council makes a <br />determination to revoke their tobacco license, direct staff to prepare findings of fact. <br /> <br /> <br />Background/Discussion <br />Elk River Tobacco Licensee Noman Husein has had four age compliance check violations within the last 36 <br />months. See the attached letter dated October 27, 2025, that was sent to Mr. Husein, which outlines the <br />timeline of each offense. Certified letters were sent to Mr. Husein's business and home addresses and were <br />accepted at both locations. <br /> <br />Mr. Husein waived his hearing rights for the first three violations. He paid the fines for each violation, and for <br />his third violation, his license was suspended for seven days from October 8–14, 2024. <br /> <br />The following is outlined in Minnesota Statute 461.12, Subd. 2, regarding three or more violations: <br /> <br />"...For a third or any subsequent violation at the same location within 36 months after the initial violation, <br />an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco- <br />related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must <br />be suspended for not less than seven days and may be revoked.” <br /> <br />The city attorney will be in attendance and will outline the hearing process. The police department and <br />Sherburne County staff will be in attendance to discuss the violations. Mr. Husein will also have an <br />opportunity to present evidence. <br /> <br />Financial Impact <br />N/A <br /> <br />Mission/Policy/Goal <br />Ethical, efficient, and responsible. <br /> <br />Attachments <br />1. Driver's License Examples <br />Page 265 of 379