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Request for Action <br />To Item Number <br />Ma Tor and CinT Council 7.2 <br />Agenda Section Meeting Date Prepared by <br />Public Hearing Februar�T 6, 2023 Jolene Richter, Deputy Cit�T Clerk <br />Item Description Reviewed by <br />Elk River Vape Shop: Administrative Hearing Tina Allard, City- Clerk <br />for Tobacco Compliance Violations Reviewed by <br />Cal PortneY, Ci r Admitustrator <br />Action Requested <br />1. Open and close the hearing. <br />2. Adopt, byT motion a resolution imposing administrative penalties for violation of tobacco license <br />requirements. <br />If Council deviates from the penalt�T chart, they must provide findings of fact to support the penalt�T selected. <br />Background/Discussion <br />The Elk River Police Department, in conjunction with the Sherburne CountyT Health Department, conducts <br />compliance checks of all licensed tobacco establishments in the cityr at least twice a yeaY. The chart below outlines <br />the state law penalties along with the violation historyr for the Elk River Vape BaY, located at 13493 Business Center <br />Drive. In addition to t�vo compliance check failures in a 36-month period, the police depaYtment Yecently cited the <br />establishment for underage selling. <br />Number of Violations During Penalty Violation History <br />a 36-month period <br />First violation $300 9/15/20 Compliance Check Failure <br />Second violation $600 10�31�22 Police DepaYtment Citation <br />Third violation or an�r subsequent $1,000 with a license suspension 12/5/22 Compliance Check Failure <br />violation for not less than 7 days and license <br />ma�T be revoked <br />Staff sent a letteY to the Vape BaY YegaYding the $1,600 penaltyr ($600 foY the October 31, 2022, violation and $1,000 <br />for the December 5, 2022, violation) and the 7-dayT license suspension. The�T have a right to a hearing and have <br />Yequested one. Representatives will be in attendance, along tivith police and countyr staff to pYesent their evidence. <br />Financial Impact <br />N/A <br />Mission/Policy/Goal <br />Elk River iVlission <br />The Elk River Vision <br />A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional <br />se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. <br />PowEREo ar <br />�I'1 ���� <br />Up�iited.• August 2020 <br />