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3. City Code § 26-37(a) provides that it is a violation for "any person to sell, offer to sell, give, or otherwise furnish any tobacco, tobacco -related device, nicotine, or electronic delivery device to any person under the age of 21 years." 4. City Code § 26-33 provides: All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco -related devices, nicotine, or electronic delivery devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable laws or regulations. 5. Elk River Tobacco was found in violation of City Code - and Minn. Stat. - for selling tobacco products to persons under the age of 21 on the following dates: December 5, 2022; August 8, 2024; and June 18, 2024. 6. Elk River Tobacco was provided notice of those violations, expressly waived its right to an administrative hearing and submitted the applicable penalty for each violation. 7. At the hearing on its 4ch violation, Elk River Tobacco did not contest the fact of the violation itself. There was no defense that the licensee or individual making the sale relief in good faith upon proof of age on a specific government document under Minn. Stat. §§461.12, subd. 6 and 340A.502, subd. 6. 8. Elk River Tobacco did violate City Code and state law on October 17, 2025, by failing a tobacco compliance check and selling tobacco products to persons under the age of 21. This was the Fourth Violation by Elk River Tobacco within 36 months. 9. At the hearing, Representatives from Elk River Tobacco did not sufficiently take responsibility for the actions or explain how they would prevent underage sales from occurring in the future. 10. At the hearing, Officers from the Elk River Police Department explained that Elk River Tobacco is known in the community as a place where individuals under the age of 21 can purchase tobacco. 11. The number of violations within a 36-month window suggest that perception is true. 12. The City Council does not find that the licensee will adequately protect the residents of the City of Elk River by complying with City Code and Minnesota State Law in ensuring its employees do not sell tobacco to persons under the age of 21. 13. Minn. Stat. § 461.12, subd. 2 provides, in relevant part: For a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco -related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven days and may be revoked. No suspension, revocation, or other penalty may take effect until the licensee has 237882A