3.3. SR 09-06-2005
Item # 3.3.*
MEMORANDUM
TO: Mayor and City Council
FROM: Joan Schmidt, City Clerk
DATE: September 6, 2005
SUBJECT: Consider Tobacco License for Elk River BP
REOUEST
Tobacco license for Elk Ri,Ter BP
APPLICANT
Linda Persons
BACKGROUND
Linda Persons is requesting a license to sell tobacco, tobacco products, and tobacco related
de-vices at Elk River BP, located at 19696 E'Tans Street. The applicant has submitted all of
tile required application material.
.L~ccording to tlle Police Department there ha,Te been t\vo compliance checks on ivIs. Persons
in tile past fi,Te years in the City of Bloomington \vidl t\vo violations for sales to underage
youth. Administrati\re penalties \vere le\Tied against fyiIs. Persons for botll incidents.
Compliance checks \-vere also conducted by tlle City of Edina for locations \vhere she llo1ds
licenses in that city. Per the Police Department, compliance checks in Edina \vere all okay.
According to Elk Ri"'\ler City Code, ~ 26-63 Grounds for Denial (attached), dle City Council
has the discretion to appro'Te or deny a tobacco license if an applicant has been con'Ticted of
any tobacco violation by localla\v ,vitllln tlle past fi,re years. Staff reconunends approving
tlle tobacco license and in the future if IvIs. Persons should fail a compliance check in Elk
River to consider denying a rene\val of the license.
ACTION REQUESTED
Council motion appro\ring or denying a tobacco license for Elk Ri,Ter BP.
s: \ Council \J oan \To bacco \Elk River B P .doc
HEALTH AND SANITATION
DIVISION 2. LICENSE
Sec. 26-61. Required.
No person shall sell or offer to sell any tobacco,
tobacco products, or tobacco-related devices with-
out first having obtained a license to do so from
the city.
(Code 1982, 9 708.04)
Sec. 26-62. Application.
An application for a license to sell tobacco,
tobacco products, or tobacco-related devices shall
be made on a form provided by the city. The
application shall contain the full name of the
applicant, the applicant's residential and busi-
ness addresses and telephone numbers, the name
of the business for which the license is sought,
and any additional information the city deems
necessary. Upon receipt of a completed applica-
tion, the city clerk shall forward the application to
the city council for action at its next regularly
schedu1ed council meeting.
(Code 1982, 9 708.04(1))
Sec. 26-63. Grounds for denial.
If a cense is mistakenii
or to a person, it shall be revoked
upon the discovery that the person was ineligible
for the license under this section.
(1) The applicant is under the age of 18 years.
applicant has been convicted within
past five years of any violation of a
federal, state or local law, ordinance pro-
vision, or other regulation relating to to-
bacco, tobacco products, or tobacco-re-
lated devices.
(3) The applicant has had a license to sell
tobacco, tobacco products, or tobacco-
related devices revoked within the preced-
ing 12 months of the date of application.
~ 26..67
(4) The applicant fails to provide any infor-
mation required on the application, or
provides false or misleading information.
(5) The applicant is prohibited by federal,
state, or local law, ordinance, or other
regulation, from holding such a license.
(6) Property taxes for the premises for which
the license will be issued are delinquent.
(Code 1982, g 708.08)
Sec. 26-64. Action by council; issuance; no-
tice of denial.
The city council may either approve or deny the
license applied for under this division, or it may
delay action for such reasonable period of time as
necessary to complete any investigation of the
application or the applicant it deems necessary. If
the city council shall approve the license, the city
clerk shall issue the license to the applicant. If the
city council denies the license, notice of the denial
shall be given to the applicant along with notice of
the applicant1s right to appeal the decision pursu-
ant to the appeal procedures in section 38-35.
(Code 1982, g 708.04(2))
Sec. 26-65. Fee.
No license shall be issued under this division
until the appropriate license fee shall be paid in
full. The fee for a license under this division shall
be as established by resolution. For licenses is-
sued and which are to become effective other than
on the first day of the licensing year, the fee to be
paid with the application shall be a pro rata share,
of the annual license fee.
(Code 1982, 9 708.06)
Sec. 26-66. Term.
All licenses issued under this division shall be
valid for one calendar year. All licenses shall
expire on December 31.
(Code 1982, g 708.04(3))
Sec. 26-67. Renewal.
The renewal of a license issued under this
division shall be handled in the same manner as
the original application. The issuance of a license
under this division shall be considered a privilege
CD26:7