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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.3 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearing <br />January 17, 2023 <br />Jolene Richter, Deputy City Clerk <br />Item Description <br />Reviewed by <br />Elk River Vape Shop: Administrative Hearing <br />Tina Allard, City Clerk <br />for Tobacco Compliance Violations <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />Open and close the hearing. <br />Council has authority to impose a penalty of $1,600 with a 7-day suspension of the tobacco license. If Council <br />deviates from the penalty chart, they must provide findings of fact to support the penalty selected. <br />Direct staff to prepare findings consistent with upholding penalties for the ordinance violations. <br />Background/Discussion <br />The Elk River Police Department, in conjunction with the Sherburne County Health Department, conducts <br />compliance checks of all licensed tobacco establishments in the city at least twice a year. The chart below outlines <br />the state law penalties along with the violation history for the Elk River Vape Bar. In addition to two compliance <br />check failures in a 36-month period, the police department recently cited the establishment for underage selling. <br />Number of Violations During <br />Penalty <br />Violation History <br />a 36-month period <br />First violation <br />$300 <br />9/15/20 Compliance Check Failure <br />Second violation <br />$600 <br />10/31/22 Police Department Citation <br />Third violation or any subsequent <br />$1,000 with a license suspension <br />12/5/22 Compliance Check Failure <br />violation <br />for not less than 7 days and license <br />may be revoked <br />Staff sent a letter to the establishment regarding the $1,600 penalty and 7-day suspension for the second and third <br />violations and the right to a hearing. The Elk River Vape Bar, 13493 Business Center Drive, has requested a hearing <br />for the last two violations. Representatives from the Vape Bar will be in attendance, along with police and county <br />staff to present their evidence. <br />Financial Impact <br />N/A <br />Mission/Policy/Goal <br />Elk River Mission <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires pi ospei ly. <br />M <br />TUREJ <br />Updated.• August 2020 <br />