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<br />237882v1 <br />received notice, served personally or by mail, of the alleged violation and an <br />opportunity for a hearing before a person authorized by the licensing <br />authority to conduct the hearing. A decision that a violation has occurred must <br />be in writing. <br />14. City Code § 38-35(c) provides: <br />Grounds for suspension or revocation. Every license issued under this chapter or <br />any other ordinance of the city is subject to the right, which is hereby expressly <br />reserved, of the council to suspend or revoke the license should the holder or <br />the holder's agents, employees, representatives or lessees, directly or indirectly, <br />fail to comply with the provisions of the particular license, this chapter, or any <br />other law, ordinance or regulation pertaining directly or indirectly to the <br />operation or conduct of the licensed activities. <br />15. City Code § 38-35(d)(4) provides, in relevant part: “If, after the hearing, the council <br />determines that proper grounds exist to suspend or revoke the license in question, <br />the council shall state those grounds for the record and suspend or revoke such <br />license. . ..” <br />16. Based on the foregoing, and pursuant to the above City Code provisions, the City <br />has sufficient grounds to revoke the license. <br /> <br />DECISION <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, <br />MINNESOTA, based upon the information received and the above FINDINGS, that the City <br />Council of the City of Elk River hereby revokes the tobacco license for Elk River Tobacco <br />LLC. <br /> <br />Passed and adopted this 1st day of December, 2025. <br /> <br /> <br /> John J. Dietz, Mayor <br /> <br />ATTEST: <br /> <br /> <br /> <br />Tina Allard, City Clerk <br /> <br />Page 53 of 312