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City of Elk River <br />City Council <br />Resolution 25-73 <br />A Resolution of the City Council of the City of Elk River Revoking <br />Tobacco License for Elk River Tobacco LLC <br />WHEREAS, Mr. Noman Husein and Elk River Tobacco LLC ("Elk River Tobacco") holds a <br />license from the City of Elk River to sell tobacco products at Elk River Tobacco, 19262 Evan <br />Street NW issued on April 25, 2022, and <br />WHEREAS, pursuant to Minnesota State Law and Elk River City Code, the Elk River Police <br />Department works with Sherburne County Health and Human Services to periodically <br />conduct compliance checks to ensure licensees are not selling tobacco products to persons <br />under the age of 21; <br />WHEREAS, on October 17, 2025, Elk River Tobacco failed a compliance check when its <br />employee sold tobacco products to underage buyers; <br />WHEREAS, the October 17, 2025, violation was the fourth violation within a 36-month <br />period; <br />nrrnnrnnrnnarnrrn <br />WHEREAS, by letter dated October 27, 2025, Elk River Tobacco was put on notice of the <br />violation and that the City Council would consider the penalty for the violation at its <br />meeting on November 17, 2025, pursuant to City Code § 26-73(e); <br />WHEREAS, prior to the hearing, Elk River Tobacco was provided the Request for Action, <br />including all supporting documentation; <br />WHEREAS, the City Council has reviewed all materials provided by staff, and considered <br />any and all oral and written testimony offered by all interested parties. <br />NOW THEREFORE, the City Council makes the following: <br />FINOIN S <br />1. The above recitals are incorporated as if fully set forth herein. <br />2. Minn. Stat. § 461.12, subd. 5 and City Code § 26-35 provides that a licensing <br />authority shall conduct unannounced compliance checks at least once a year at <br />licensed locations. <br />237882v1 <br />