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7.3 SR 01-17-2023Request for Action To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearing January 17, 2023 Jolene Richter, Deputy City Clerk Item Description Reviewed by Elk River Vape Shop: Administrative Hearing Tina Allard, City Clerk for Tobacco Compliance Violations Reviewed by Cal Portner, City Administrator Action Requested Open and close the hearing. Council has authority to impose a penalty of $1,600 with a 7-day suspension of the tobacco license. If Council deviates from the penalty chart, they must provide findings of fact to support the penalty selected. Direct staff to prepare findings consistent with upholding penalties for the ordinance violations. Background/Discussion The Elk River Police Department, in conjunction with the Sherburne County Health Department, conducts compliance checks of all licensed tobacco establishments in the city at least twice a year. The chart below outlines the state law penalties along with the violation history for the Elk River Vape Bar. In addition to two compliance check failures in a 36-month period, the police department recently cited the establishment for underage selling. Number of Violations During Penalty Violation History a 36-month period First violation $300 9/15/20 Compliance Check Failure Second violation $600 10/31/22 Police Department Citation Third violation or any subsequent $1,000 with a license suspension 12/5/22 Compliance Check Failure violation for not less than 7 days and license may be revoked Staff sent a letter to the establishment regarding the $1,600 penalty and 7-day suspension for the second and third violations and the right to a hearing. The Elk River Vape Bar, 13493 Business Center Drive, has requested a hearing for the last two violations. Representatives from the Vape Bar will be in attendance, along with police and county staff to present their evidence. Financial Impact N/A Mission/Policy/Goal Elk River Mission The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 Attachments ■ County Report Compliance Check Violations ■ Police Reports ■ Comparison of ID Types (under 21 versus other) Tobacco Retailer Compliance check History Elk River Vape Shop 13493 Business Center DR Elk River Purchase Successful Clerk Date Attempted Sale Product Type Type of Sale Clerk Fine Criminal Licensee Fine Suspension Penalty 12/5/2022 _V- Other Self -Service $0 $0 $0 0 6/15/2021 ❑ 0 0 $0 $0 $0 0 9/15/2020 1_41 Cigarettes Clerk -Assisted $0 $0 $0 0 8/13/2019 ❑ 0 0 $0 $0 $0 0 8/9/2018 VI ❑ 0 0 $0 $0 $0 0 6/29/2017 ❑d ❑ 0 0 $0 $0 $0 0 1/3/2017 ❑/ _j Other Clerk -Assisted $0 $0 $0 0 7/19/2016 ❑ 0 0 $0 $0 $0 0 ?/f3/?01 • Other Clerk -Assisted $0 $0 $0 0 1/2/2015 ❑ Other Clerk -Assisted $0 $0 $0 0 F 2Ai2('14 Other Clerk -Assisted $0 $0 $0 0 12/3/2013❑ ❑ 0 0 $0 $0 $0 0 L a5+ yf Wednesday, January 11, 2023 Page 1 of 1 Incident Report 200 17053 - MNO710200 Page I of 3 1CR# 200117053 ]AGENCY OR1# MN07102001 ......... ... Reported: 0-15-2020:1846 FirstAssigned.-1620 Last Cleared: 1635 Committed Start: Committed III Title. Compliance Check How Received: In Person, Short Description: Sale of Tobacco to a Minor Summary. Sale of Tobacco to a Minor in relation to a, compliance check, L'Officer 6 13; Citation 710129602610 1 See report. 9/'18/20 Citaflon rrl to LLR. #671 Location(s), Elk River Vape Bar Aiddress. 13493 Business Center Dir NW City: Elik River State: MIN Zip: 55330 Country: . . ............ . ............ ................ ............... -- Officer Assignedl: 1 alab�on, Eric lBadge No: 011d613 primary: Yes OfficerAssigned. , Badgie No: Primary; IN'o * 19- Ill M7401 Literal: FURNISH TOIBACCO-NICOTI DELIIV DEVICE-CHILD-MIS0 Statute. 60685-2 UCR: 26 NIaime(s) Last .MMMName. Roiger Firs;C Lee Middle- Louis IDOB.� Involvement: Mendoned Name; Sherburne County Health and I Services Address: (Governrnent) 13880 Business Center Dr NVV City: Elk River State: MN Zip: 55330 Country. Involvement: VVAness Name: Lees, Mark DOB: Age: Address. (Government) 13880, Business Center Dr NIW City: Elk River State: MIN Zip., 55330 Country, involvement: Arrested Name- DOB Roiger, Lee Louis Age, 19 Address. (Residence) 13,49;8 182nd Ave N1, 4rrest Date # 7102916026101 Description. SALE TOBACCO MINGIR Last Name* Reiter Address: (Residence), 13498 182nid Ave NW' Offense(s) City: Elik River State- MIN Zip: 553310 Country: First: Lee Middle. ILouis DOB: City: Elk R'ver State: MIN Zip. 55330 Country: ti,,Itps:lllxi.ellkrivermn,govfletglAl)plic,ations,llncideiiit�lReportControls,llncidei,it,.Report.ispx?... 1/1 112023 Incident Report 20017053 - MN0710200 Page 2 of 3 Offense. SALE TOBACCO KNOR (26,37.a) Sale Tobacco Minor Address. (Retard) 13493 Business Center Or NW City: Elk River State: MN ZJJp* 0 Country - Court DtAnn; -- Court Location. Sherburne Colunity ­­ ....... . ........ . ....... ­ ...... . .. Offense., SAILS TOBACCO MIIN,OR (216,37,a) Salle robaccol Minor . . .............. Type: Submitted to City Attorney Disposition: Citation Name,' Roiger, Lee LoWs Supplemental Report I F—ml n rom 11 On 09-15-20 at approx. 1620 hours, 1, Juv. Net. Sgt, Eric Balabon, was, working with Mark Lees from Sherburne C,umuunty Health and Hurnan Services on city-wide tobacco compliance checks at the licensed tobacco retailers in Elk River, Our compliance checker was XXXXXXX XXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXX, I had previously seen the MN Photo D1, that XXXXXXX was rising that clearly indicated her age to be 17, 1 also had later taken a photo of XXXXXXX (included in the case file) showing XXXXX,XX wearing her mandated face mask that she used when entering the !stores. At that time, XXXXXXX entered the Elk River Vape Bar at, 13493 Business (,,enter Dr NW'in Elk River. A short time later she retumed, to my unmarked, squad, that was in the parking lot. She then handed over as pack of Newport cigareacs that she had just purchased from a white male attlendat'it in the vape bar, She described him as over 18 YOA and the only attendant in the store that she saw. XXXXXXX stated that the attendant did ask her for her ID, buit that fie only "glanced at it." I collected the cigarettes, later photographed therm, arid:! destroyed them at the ER]"D. Mark Lees, and I then, went into the vape bar and were met at the counter by a W/M, approx18 YOA male attendant. fie Nvas later ID'd by MN DL, as Lee Louis'Roiger, DOBHe advised that he was the onily male in the business, working and recalled selling a pack of cigarettes to XXXXXXX. Ile confinned that lie looked at [ter ID and thought that fie viewed that she was of age to purchase. lie advised that lie obviously made a mistake, We obtained the narne of the owner to be Lafi Alal Roiger made cortmet with him by phoneand explained the incident arid violation. Rcliger stated that he thought she was, older than her actual 17 YOA� I advised Roliger that he would be receiving a citation in the n-tail it) liis address, The charge would be Sale ofTobacco to a Minor. I later learned that the riew tobacco statute 609.685 doesn't comply with a citation to Roiger due to, hini being under 21 YOA, Therefore, he was later issued a citation for a city ordinance violation ror Sale of "Fobacco to Minors pursuant city ordinance #26-3,7 (a). The citation was mailed to his address provided. A copy of this IC" R an report is, to be forwarded to the city attorney's office. Lafi was advised that the city would be in contact with the business related to any civil penalties through contact with Roliger, We cleared at 1632 holurs, littps-.1�"pd.etkrivermti.gov/letg/Applicationslli-tcident�eportControls/ln,cit� entReport,aspx'?',.. I A 1/2023 Incident Report 20017053 - N4N0710200 Juv. let. Sgt. Erie Balabon, Bad13 Elk Rive:r Police Department https,llpd,elkriverm,n.gov/letg/Applications/ixicident/ReportCon,trols,llncidentReport.aspx'?.,, [A 1/2023 IC R# 2 101010303 � AG�ENICY ORl# MlIN07 10200 Reported. 01-06-2021 112211 First Asaigmed:-1215 First Arrived-.1215 Last Cleared:�1245 Committed Start: Committed Enid., Title. Miscellaneous Complaint Ho�w Recelved, Radio ShGrt Description; .4010 MWIM"i'NOM Oifficer was dispatched to call the complainant regarding suspicious acbvity. The complainant was givert an ICR number and contact iiniformaitiloni. See supplement for further. Location(s) Elk River Vape Bar Address., 13493 Business Cenler lDr NVV City: Elk River State: MIN Zip: 55330 Country: Officer Assigned: alabon, Edit (Detective) MOC: 98'80 Literail., Misc. IncidentslOtizen Complaints 19MMEM Badge INo* Primary: Yes Supplemental Report Statute: UCR- Last Modified: 01-07-2021 0845 3-MEMEMEM On 01/06r2021 at 1215 hours, I received a, call from dispatch to ca I I a complainant regarding the possible sale of vaping products frorn a local vape store. I called the colinpWriant who was identified as XXXXX XXXXXXX XXXXXXX XXXXXXXXXV XXXXX stated he works for a trucking company and is not horne that oftem, I Ic and his Nvife XXXXXXXXX have been dealing with problems frorn their juvenile snail for a,while now. Their son was identified as XXXXXXX XXXXXXX XXXXXXX XXXXXXXXXX XXXXXXX has, been smoking marijuana with friends and using vaping products. XXXXXXXXX told XXXXX that during a "'come to ,le as"" Wk with XXXXXXX, he conli!ssed that he has purchased vae products, from the vape store near the "Tipsy Chicken". He said that this, particular vaple store is kniown to, not get proper identification from juveniles when they buy vape products from the store. XXXXXXX admitted to buying vape products multiple times with cash and has never been carded by the cashier. XXXXX was not sure of the exact dates or times of these purchases. XXXXX wanted officers to know this information and wanted something done about this. XXXXX was advised this information would, be forwarded to Elk River Detectives. lie was provided an ICR nurnber and will call back if he can get any more information out of his son regarding this issue. Michael Welsh 9635 Elk River Police Supplernental Report ICR. 211000303 Last Modified.- 01-20-202111013 htt,ps,://Iid.elkrivernin.gov/1etg/Applicatio,ns/Iticident/R,epoilConLtols/iticidet,itRepf)rt.aspx?'... 1/1 1,/2023 Incident Report Page 2 of 2 Title* Folliow 4. P-613 Created By: Erg Balaboon On 0 1-017-2 1 1, Juv. Det. Sgt,. Eric Balab,on, was tasked with the inforniation related to this report. I requested the report be forwarded to Sherburne C`oust ° Health and I lurnan Services to the Public Health area special attention to Mark Lees, Lees is responsible for completing county -Wide uornpliance checks at the licensed tobacco and alcohol, retailers in Sherburne County. On 01-19-21 1 spoke with Lees, lie advised that lie received the report and was aware of the ongoing problems at the vape shop in question. He stated that he would work towards doing additional conipliance checks in the near Future. Due to the process ofCOVID vaccination details in his department, this 150110W LIP niay tic delayed. I advised, hire to keep me posted on hies plans arid advise(] hirn Of Our willingness, to help With follow up, J,uv. Det. gt, Eric Balabon Elk River Police Department b(,,tp�s:llpd.elkrivcrmn.govllctglApplicati,onsll,nciidentIT~ cport,Controlsll,ncidetitR,cport,aspx'?,,,, 1/11/20,23 QUM tCR# 2202!0143 Reported: 101-31-20,22 14118 First Assigned:1417 First Arrived: 1424 LastCleare&1525 Committed Start- 10-31-2022 Committed Enid: 10-31-2022 Title- Suspicious Activity How Received, Radio Short Deseriiption: Suspicious activity Summary;1 Dispatched to mentioned business parking lot oin a suspicious, activity call. Complainant reported a possible "drugi deal" between two vehicles, Vehicles reported to be invoillved were MN Lric/GZN-15210 and MN Lic/BPN-014. While responding to area, one of the vehicles had left anid was stopped in mentioned area for an equipment violation, Jiuven,il�e driver identified and found to be in possession of tobacco/e-cig devices. Suspect driver stated he was coming from area and had someone else buy him the tobacco. Otheh,icle located by officers in busiiniess pag lot and founid to be occupied by juvenile! who was also in piossession of tobacco/e-cig device. I nvestigation led to determining mentionied business employee sefling tobacco to minors, Business employee cited and business manager advised of incident. lifiYUP-40AMP-M FM Mto 9 Address: Hwy 10 NIW & Sdmonet or NW City: EIk River State., MIN Zip: 550 Country: US, Holliday Address., 13445 Misiness Center Dr NW City: Elk River State: MN Zip. 560 Country: US Va,pe Bar Address: 13493 Business Center or NW City* Ok River State* MN Zip: 55,3,30 Country: US Custom Attributes AXON - PHOTOS AXON - BWC & FLEET VIDEO L*-M�� Officer Assigned; a arda,, Jeffrey MOC' M7401 Literal, FURNISH TOBACMNICOTI DEL.11" IDEVIC-CHILD,MISD Nairne(s), Primary: No Primary: Yes Statute: 609-68,$2 UICR: 26 Last Narne- Sappa rirst: h6arna Middle-. Patricia Gene,6eve 0108: 04-23-2003 MO,C�:: 9892 LlteraI; Suspicious Activity StatuW UM Involvement: Menfioned Ian w,—Wannebo, HeavenIy Ann 00113: 10-01-2003 Aqw 19 Address: (Residence) 341 Pleasant Ave City: Big Lake Sta to. MN Zip: 55309 Country, US Involvement: Mested Narne: Sappa, Manna IPatrdda Genevieve DOB: 04-23.2003 Age: 19, Address: (Flesdence) 3110 Pleasant Ave City: Bq ILake State: MN 6p. 55309 Country. US Arrest Date Time: 10-31-2022 1418 https:,,Ilpd.,elki-ivermn.govlletg,lApplicationslincidentl'Repot-tcontrol sllricide,ntleport.aspx"?,,. 1/1 1/20'23 Incident Report Page 2 of`6 Involvement: Complainant Name,, Booth, Serenity May ll 12,0 1 -20,02 A,ge: 19 Address: (Residence) 10841 182nd Ln NW City: Elk River State: MN ZiIp*. 55330 Country: US State: MIN Plate: BPN014 Vill JNIAZ4EH6AM504601 Make: NiSS Model: 370 Year, 20110, Collor: BLK Name(s) Driver Impound Location: Key Location: Odometer: Reason for Impound Arrest, No, Forfeiture: No Investigation: No Was, vehicle examined? No Can vehicle be released? No Damage Noted: Is vehicle operable? No Trunk Inventoried' No, In-Dashi Radio: No Items Seized: No . .. . ... . . .. . ... . .. . .. ... .. ................................. State: MINI Pllate: GZN5201 VIN! 1HGCM56705A102811I Malke: HiOND Modell ACC Year. 20,05 Color: GLD Naimel Driver Impound (Location: Key Location: Odometer: Reason for Impound Arrest: INo Forfeiture. No Investigation: No Was, vehicle examilned?'INo Can vehicle be released? No, Damage Noted: Is vehicle operable? No Trunk Inventoried: No In -Dash Radio: No Items Seized: No ......... . ......... ... ... ... ... ..... . .. . ......... — # 7102201220016337 Dtqml 10-31-2022 011 Garcia 631 Description,. Tobacco -Sale to a Minor Last! Name: Sappa First'. Arianna Middle: IPatruola Genevieve 11104-23-2off 3 Address. (Residence) C Pleas aint Ave CityBig Lake State: I ztw 553019 Country:US Offens,efs) Offense: Tobacco -Sale to a Minor (61,019 685,1 a(a)) Sale of Tobacco(Tolbacco, Related Device to Chi Locationsl Address: (Retail) 13493 Business Center Dr NW Cil Ellik River State: MN Zip: 55330, Country: US Court than: -- Court Location: Sherburne County Offense., Tobacro-Sale to, a Minor (609,685.1a(a)) Salle of Tobaccoffobacco Ip elated I to Chi Supplemental Report https,:Hpd.elk-rivien,-nn.gov/'letg/Applic,atic)tis,/ljicildcntli�e,portControlslliicidentRepoirt.aspx?... 1111/2023 Incident Report Nge 3 of 6 MR: 22020143 nOw ChmW - Sophous Adity Last Wdihed: 010 1-2023 1251 CreaNd OF Cawrt Regain On 10-31-22, al wq)paWznatOy 1417 Imasr, 1, ORker jdhey (WA wvs AspuNd to dic addrubs J-13493 lROwss Cenwr DA"; the "a/ape Bqq mi a mnk,'.ious acttvity rq�ort. L)isj)at(,',h advi!,w'd that thc,,'y had 10mokm Smi a pany rqmndng o posd[Ac JuW dual in thc 1-ni.r1i.ing LiL. '] 1au n:purting part.y SAtcd' that dietc! wem two wAkIs parked next to eadi cnha" arstl that there was a hainhio-hand ewhmigq ulkh dwy bdKed wms swpidou% and possiby a thug dcal, I Nlmwh a&W dut Ow vaddus in questicni were a 2010 Uwk NAson WN [Ac/BPNO14, And N6 [Aor,id,i, Alcichtion,'11 InkMaban provided wa,; that H"),e si.ispect K fe gAd Fkmda, vvas a black rn,.fle, withi silcn-t ldruads, Scqjam Btian Boos advised that 1w would be en rc"ojic' to Uma, to Ow area, I was WSW by diqiatch AM the bhck Nisan hul 46 dw priAby A ond wm Imo sce"'n tn'lvchnp" Cistbound I litjvx'�m'y I () frotnj(' q'611' At this Anc, I was it dw. nva 4 Highway UD and Shummi DOT, and beg,,aa rkaornitc)rhig WMLmd ad1in I No ohsmvvd an black o 3',7t V coupe, apluTwrivil rny locarkin, and passed name„ A" the we hkho pmNal rrxI confirn"Ied the hccnsv pWe being cnw of Me mmpmt vdikk% in the umiphim, I So maked thm the vehicksAwm5ws wem Owdouid cNaYeNy bhwk, maJoing A non # imrnlWe vi we haKe Se ,are lung I Ion bqmi kAosubig dw vehide, cas(l),clurild p fig'[rm:ty 10, and, as .1 aj)p�,)n'-')ached the imorscuion of Ljplawi try t".xilue, f ac:rrvatcoi rny civchead red cnicr9cncy 1QM and Aliated a UpMc MaRAlm swpmt wbk& pukd iy,'no Te Qt lane, aS then the aught wi We, tumbig 60a h) travel soudfl)a"mlnd c)n [JI':&iid Avenue,, everauaHy, iamb, So a bushe" padmg hn, ainnd cc�m.ing to "u cornplcw'stoj�.i in onc ofthe parkiiig stalls I updmcip (Jisp,,itch of my bwabnt amd amde conuct WS It drhvr at Che vehicle's front drivers Ade dos)n The dis" on YNd dnwn dw vWdel %Kdo%v appmmmirtney H hxhm,,and sj-w'akin;g with rne thro'agFn the NonW, I Wnhed the dnver by Ntimussms, PhWo llrrver',, J,ueiisc,as' XXXX XXXXXXX XXXXXXXXX XXXXXXXXXV CN'�-'�XX, adn'titted th,,'tt he, [iti sF!wakJrq',;, wi th N, XXXV1"X'X,, I the re-,cwRn forstopj"njrig himl� XXX'XN left Jw 155&y Chs Statimi pwkhg Wit, which K aoncru to the Vayllar pa&bg kq and wn lwmkd hamn I asked XXXNX,X,,XX if he Sol anydQ that lie shoWd not On,,, tn Oic, V4'J-'1JC1C" duc n'�the o")friphisrit, 'and hc statcol dial lie dicl n0k XXX,,K'X'XXX then madit� fltc, cainnietm, he %va"; rlot n,?'iviligwle po-,rmoissicm rc) search dw vnEv, I dc, why or mimi the resaxi w%as Or suMpig WL I eMA&Wd Che conipLitin, agaiii, arid asked about havirig anytype of HigO chugs, or Prenis he Amid rum have V Ns posmsdon in Ke vaik. XXXXNXXX Nn lctcubed down briefly,;'mtl hancied riae rum 0101 hinwco Ned e-KgN gmiry4hw, "as A thm he had, XV,�,"'XX"I"a a."", then winfrual rhar he hul gone to YK Vapv IQ mid somwone hnd pia-Awwd Av rAg hir h%, due U) On imi beq, (Ad emnugh to have it. I tYken mslcxd, XXX',,X.X,,<XX if he had envy mceived a citaku-"n dw pant % pcts,,sessrcwn c)f wbacco, arid he stared [Ic hati, and d'iat it was whic at schmA, and had gone thauoi the dtver,,,�cwt, aficr recei,ving dic C na ton i , I dxn cdkoed XXXXXXXXXX Immnal inKnimAn4 and um. dw LWU OVWS as cvilmcc At dis Qw, I ums simitcd by Scrgura Bum, whu aived al 11W LWC y0p. I ndvW,!d Sergeanit thal, 1 11",Id spoken in one of the drivers in one of the vedarn ks rej-,u(irtQ and that 1he dri'ver wa5 ""t W11(') st'drnirred lit tps //�pd eflaiv' ermn. . gov/ pe tj /App 1i eations/ p tic ide at/ R s/ I ri cj dejii'dRepl(,:rrt ,,.tspx ",,' �, . 1/1 1/2023 Incident Rerx)rt going to the Vape Rar, have e-cip,/tobacco pumliased f()r hirn,and that the other vehicle involved rnay, still be in the arca. Sergeant Boos advised that lie would respond to the Vape Bar, and look ft,)r the other vehicle in clue stkni 1 Own ran a dlivex's hcense check on XXXXXXXX". XXXXXXXX tmd a %%ilid driver"S license'and has vehicle a'iformation was clear and valid. Z I then filled out citation '#71022022006336, for Illegal Posscssiori of"Tobacco by I Mi�10r, dXirsmint io 1,�Ilk River City Ordinance 26,37.b. I returned to XXXXXXXXXX vehicle, and explained the citati(,')ii, along with inforcrialJori that as letter regar(hing our, contact today, and charges would besent to his parents, XX' XXX sLated that Ile Ul'iderstood, arid also niadc the statement that his parents areaware that lie uses an e-cig/vape, bilt that hCArOUld advise them of the citntiom aft appr(.',,PxirnatehT 1432 hours, I c1med the stop, and continued en route ta the %lape Bar, While en route to the business, I overheard Serpreant Boos having arrived Ln the area, and \vas, currenriv out%-Aith the othersuspect vehicle. At approxhuately 1445 hotirs, I arrived at Scrl? ,eant Boos location, an(] spoke with hirn briefly. Sergeant Eoc s explailled di'm lie had to the suspect, Who he identified as XXXXXX XXXXXX XXXXXX XXXXXXXXXX XXXXX adirdued dim, he had gone to the. Vape Bar, and was purchasing c-cigarettes fron') the Store, and had given them to X-X1X-X'Xx'XX. S(I-gc'arvlBoos advised me that in speaking with XXXXX, tie stated that he would manipkilate the way that lie lield ],its driver's [icense, and thm, the clerk had sold the nierd'imidise ro hlin, without inspecting the driver's, lic(-rise any furtiiei% I flien spoke wiffi XYX.KX, and (jucsttoned hirn on the purchasing of the. merchandise frorn the Vape 'Bar, and about the en'iplovee that had assisted hrrau XXXXX then produced his peni-iit driver's license,arld sljowed me lxo%v lie would present it to the clerk, placing his thumb over the year,and that lie was nevcrquestiorued any ftirther, and was sold the inerchandisc, I confiri-ried with X,\,\X'X, thatthe itenis he had purchased Crom the Vatic f3ar, were e-cigs, and liquid tobacco, and lie stated that they were. I rhein asked XX KXX for a description the onployee, that assisted him,and sodd the tobacco products to him. XXXXX stated that it was an mfidt ferrmle:, with dark colored hair, and that thetc was ccflnring in the hair, and that she was wearing i glasses. SergeantBoos then Co11-1plet(,,!d his ccmmict vith XXXXX,and li;id issued hinia citation for die i, - , to f possess n o tobacco productsmThile under the age of 21. Sergeant l3oos and I theta, went. and nuide contact with ffic: on-dtity manager at the `Val,, e Bar, wwrdrnn identified by N'linnesota, Photo Driver's License, as Heavenly Anti Wannebo, DOB�/10-1-031. %N7AF'1uCbO Cxplaijied that she was the on-cluty nianag -king, and that the eniployee who hand helped XXXXX, had pea st dCft, ,er, who had been w()r but identifted tier as Arianna Sappa, Ira speaking with \Vmisiebo, she explaimd that. the store policy is that An), sale of t(ibacco, a scanning of driver's license is to be done, and that iftlie comptccr discovers the 11) to he urilder the age cif' 21, 1heeniployee is notified. I described XXCXXXIV' X physical appearance, and asked if she hard been present di.irisig, any Of hjS pUrchases wl,anlc in the store, and she stated that she was not, and had been in the back-officc area, l�ittps:llpd.clkrivernii'i,.goN,IlclglApq lication,sllncidei'ltllepoi-tCL,oliit.rolsllt,icid,etitReport,aspx'?.,, 1/ 11/2023 Incident Report %V.,mriebo prc>viciod me witt-i Asian na,s current cell phone nurnber, rnd statecl th;at she wmfld also bewca,king on tornorr(A,V'S date) 11 1 229 at 100 prr�, N advised thar I wouldaptejrqa taw Contact Arianna [,,,,,wy phr,,�ne, "nd wvc,nfld e),plaln the rwarrluupar.ura and citatwn prc,�ccss it, %Varuxbc) SUIECCI thwV the WICICU-0`00111, Serg'e""Int 13cd a�, �iacf I r.bcin clearc,d the Vaj:�e 15,w, and rctutned to apPI"'MinnatekV 1319 hc",Irs, h made ccnA,1,4CI ;Nrianna, vO)o idendfiect, 1,)IV, ftfll rl"'iffle "And ckae of bITTIl:, as Ariantia Ratricia (jcIIcA,k'%,C Sappa, DOB/4-Zi-01.3, I cxphainc(l to Aiannh�A time which wa"'; ire, and my jeadirq'; lo that Shr had SnIld paw s party innider the apr, of jriranma Shc, did rcln(iid,xr servici�i-ig or assasning 6-1c., ch("'rit, "N't-11ch l: descrflacId ';Nrlth st,aucxl flhar Iw is ,a regulsir to w tlua srnre. I expl,'hIncd tc) �Nrianna fl,,iat tbic,, indjvldud wu; a hm'enfle, and nw Wily klglder Ihe ag age of ISAnio , nn,l .,� satied she uv,,vxare,e of 21, but undet a _, I nhcrj racl.t,t cl(\,jrlanna u,f the (,atation she be Issued, arld explalix"d rJt'O I °AICMIJ sj-.)cak wi(.Ii kcrin pcnf,,)n, whc,ri she rcrurned il.h Ajt,h;u-�,na st;acd underswocxI, I 0,11en Conc-ludod my conversadoti. xid', Ariinna. C'Jnatunl rmn'dier 71()22(C20O1(,037 was Own fiHed r)w, ro he issuc;d n) Arianna, !,We m ha I'Mirlor, to NM On 'I 1...1 22, at approximqtdly, 1 "550 hours, I re'mrneird to the Vape 13,,ijr husH.-ae.,S, ami lrwt Noth J\rianna, I tnvplainif-,d l�itoticn po Arianno, whicill xas dlen issued to her in 1�)erscui,, In �;peiking, th Ar'arina, I not�cd thah Mae given by �',K X, X'', ot lim "t(IT"11T "VA (Ild", hair vIth rokwing ITn hp, ak>ng Aiianna's q,)pcaxancc. The colc)16ng in Ana.ni,)ia's Euqhr sit , 1510 hta�irs, I (deared and reuxtned �o I,natroL I ";tmr at � he p�!)Iic',e dq)ar,ttnev,,,,rjt, a of' the ir,�a,Vo e-Gzlps, %'hkJI v/exe cc>nfi,,,cgted Crcnv, were phoTographc,d, Onc, wai a rcd ind [A'o"k c, cip" t1rand name ( 'aliblurn, and m,,as a jx,arh ar�,d %t,+we C-( [,,oa mi Nlavx 'I h~ha m a u1,rr )vere then >Plem hse f0rxard a Copy oF this repcxrl tio thu,, ColintV atmrrle�'�Sl Offict", F(")r. lrht Cl(,a6on iss4,ied to ':<N XN'—`%'.XXX, and Mar. 61ty all(MICY'S f"()f LI'U" CitadOn Please rc4cr to rcportEaha any a,,JIdfljc,)naI infonnation, L,nd of'report. Officer J effrieN, Garcia Badge #363 1 RM MIMNM�T� ICR. 220120143 Title, Suspicious Actrvfty WM L1 w ;r uIERINTIFUM Created By: Briain Boos Oil 10-31 -22, at approximately 1435 hours, 1, t, B. Bodes, issued citation number 47'1022022006360, to XXXXXX XXXXXX XXXXX XXXX XXXXXXXX, fbr'Fobacco Possession (Vape) by a Minor. After further review, the citation has since been voided due tort StatUtOTY change. XX X X XX X mother, h't-tps //pd el .rivcri rin.govIekg/Applica tions/I nc s/I tic idetalte port.aspx? . 1/11,120,23 at id Repo�rt Page 6 ol"6 XXXXXX XXXXXX XXXXXX XXXX XXXXXXXX,Etas been contacted and informed of the matter. She requested the "'Vape" item her son lead in his possession be destroyed, A copy of this reel ort should be kept on file a the! 1,11k River Police Department. End of'Suppleniental report, Sgt. B6an Boos Badge #3605 Supplemental Report ICR: 220,20,143, Last Modified: 112.22-2022 01945 l Title: Garda -FoVow-up on dtallon Created By. Da,wn Regan (-)n 12-12,22, F recoived a niessage froni the Elk Pliver Police Department support sLaff, regarding a citation issued in diis case, I was advised that the cit�,auorlicy:'-' office had reviewed Citation 4710220220106336, which was iSSLIC(I tear XXXX XI)CXXXXX�xxxxxxxxxxxxx3ccxxxx,zttlic2ddress(,rf'XXXXXXXXX',\"X,,X'�,X",N'� XXX X.XXXX'X>0LKX XXX XXXXX, on 101-31-22,, for Possession (A—l'obacco bi3,, as Minor, pur'swant to Elk River City Ordinancc 26.37.b,The city attorney's office adviscd that thc[Ilk River City Ordinance used was not apphcable to this reporr/case, and that they wer> . un the pro icess of rieviii"n1mig the ordinartce, to confort'n with new laws in toNAcco possession by rnITIOrs, I ,vas advised that the citation was (o be voided, and dismissed, Tyre citation was then voided, and policc delpartment support staff corrected Lbe inforinAtion on thc, case file. In reviewin,g, the report, the second citation iss,'ued, civation #710220220106337, was scill valid, aud heat ciult](HI WC)Uld be forWardcd do thc cityanorney's office for prosect'll"I . on. 17.nd of folh)w up report. Offi(:crjeffrey Garcia Badge #3631 di / 12 21 2022 httlis:llpd.elkrivem,iii.ovlletglApplica,tioiisrqncide!n,tIRepi(ni-tCoiitr(,,)lsllnciderit,Repoi-t.aspx?,,,, 1/11/2023 Incident Report ELK RIVER'PoucE oEPARrmENr PoucE PEPARrmEmr iNmEmrREPoRr ICR# 22021118 AS" NCY OF�I�M Juv�en,ille Involved I . . . . .... . . . .... . .................... Reported: 11-16-20122 100ro First Assigned:1000 First Arrived., 10010, Last Cleared*1010 Committed Start, Committed End: Title: Juvenile Complaint Now Received: In Person Short Description: E Cig possession, Suimmary: (Officer, 611 ; Citation 710220220008163] Principal at mentioned school caught this student with a green Loon E Gig device in his possession. Student admitted to usinithe E Cig for his anxiety, Student claims he gets IE Cigs out of the dumpster behind mentioned smoke shiop, repairs them if necessary, and uses them. Student cited and device was placed for disposal. Parent notified by schW staff. 11 1-29-2022 - Citation, mailed to cited party and parent, #671, Looation(s,) VandenBerge Middile Scho6 Address: 948 Proctior Ave NVV City: Elk River State, MN Zilp., 5,5330 Country: US Custom Attributes AXON - PHOTOS OfficerAssigned. B4dsall, Don Badge Nlo. 6111 lPrimary. Yes, MO�C: M3005 Literal: JUVENILE USE OF TOBACCO Statute:, 609-685-3 UCR: 26 (Name sly Last Name: XXXXX First: XXXXX Middle: XXXXXXX DOB: XXXXXXXXXX Involvement.- Me0oned Name: VandienBerge Middle School Address: (School) 948 Proctor Ave NW City: Elk River State: MN Zip: 55330 Country: US Involvement,, Reported Age: 46 Address: (Residence) 14945 204th Ave NI' `Ai Involvement: Arrested Age. 11 Address. (Resildenice) XXXXX XXXXX XX XX Arrest Date Time: 11- 16-2022 1006 Name: Zen-ian, MiichaO Roger DOB: 07-23-119176 City: Elk Mver State: MN Zip. 5,5330 Country, US city: xxx xxxxx State., XX Zip* XXXXX Country: US Involvement. Mentioned Name: Vape Bar Address: (Business) 13493 Rumness Center Or NW City* Elk River State; MN Zip; 55330 Country: US Ba,rCode,., 22-01233 Item Type: Tobacco Bm,. DESTROY Description: Green Locin E Cig Location htips,:Ilpd.elk-riN,,ermn.gov/letg/Applicatioiislliicidentll�eportCo�ritrols/lnciderititeport.aspx?.,.. 1/11/2023, Incident Report gage 2 of 2 Address: (School) 948 Proctor Ave NIW # 71022022000863 City: Elk Rivier State: MN Zip: 55330 Country: US Mrn, Offlcor 11-15-2022 Birdsall 611 Description: Smoking, Chewing Tobacco, or E-cigarettes Prohibited in Public or Charter School Not Name: XXXXX First: XXXXX MiddNe: DOB: xxxxxxx xxxxxxxxxx Address; (Residence) XXXXX XXXXX XX XX City: State. XX Zip.- xxxxx Country: xxx xxxxx us Ciffense(s) Offense. Smoking, Chewing Tobacco, or E-6garettes Prohibftedl in Public or Charter School (144.4165) SrnoWng, Chewing Tobacco, or E-cigarettes Prohibited in Pubfic or Charter Schooll Loicatiions(s) Address: IN lone Selected) 948 PROCTOR AVE NW 04- Elk River State: MN Zip: Country, U'S Court DiMm: -- Court Location. Sherburne County Contact #1 Mother X,XXXXX XXXXX XXXXXX,XXXX XXXXXXXXXXXX xxxxx xxxxx xx xx xxx xxx xxxxx xx xxxxx Offense. Smoking, Chewing Tobacco, or E-cigarettes Prohibited in Public or Charter Schap it (144.4165) SmoWg, Chewing Tablacco, or E-cigairettes Prohibited ins Public or Charter School Type: Subirnifted To County Attorney Disposliflon: Citation Name,, XXXXX X XXXXX XXXXXXX XXXXXXXXXX littp,i:llpd,elkriveiiiiii.llctgl,ApplicatioiisllncidentIRep�ion i,itrlliicill eiitRc:foil, aspix?... 1/1112023 IC R# 22022288 AGENCY 0Rl# M5t0710200 Repoirte& 12-05-202211520 First Assigneld-1620 First Arrived.16201 Last Cl� 1630 Commifted! Start: 12-05-2022 Corninnitted En& 112-05-20,22 Title. Citaton I Received: in Person Short Description: Tobacco, compbance check failure Summary, While performing tobacco coirnpliance checks, flie cited Subject sold a tobacco product,to a iminloir. [Officer 6141 Citation 7,110221 2003679] Cited for selling tobac�clo, to a uinder,age pleirson, See supplemental. 112-7'-2022 - Mailed letter and citation to cited Iparty. 10. Liocation(s), Vape Bar Addresw 13493 Business Center Dr NW City: Elk River State: MN Zip: 55330 Country: US Cursfor n Attributes AXON - BWC Officer Assigned. Wflifiams, Da0d Baidgile No!: 614 Primary: Yes . ....... . ..................... MOC: M7401 Literal. FURNIISH roBACCO-IN111COT'l DELIV DEVICIE-CHILD-MIS01 Statut e� 609-685-2 LICI 26 Narne(s) Last Name,., Sappa First: Arianna Middle., Patricia Genevieve --l"..- . . . . ...... .... DOB: 04-23-2003 ................ Irivolvemeft Arrested Name: Sappa, Arianna Pathda GeneOeve 13,013: 104,23,20,03 Age; 19 Address. (Residence) O Rleasant Ave City: Big Lake, Sta te. M N zlp: 553,091.9570 Country: Arrest I flime, 12-05-2022 1620 Itivolvemeft Mentioned Name: Srerburne County Heafth and HUMan Sewmes Address. (GovernrneM) 13880 Busuness Cerler Dr NW City', lEtk River State: I Zip. 553,30 Ccruntry. US Involverrierrt: Mentioned Narrie; Lees, Mark iFirederick DOB-. 03-31-1,971 Age: 51 Address., (Governjrnrent13880 Busuness Center I NW City� Fk River State: MIN Zip: 55330 Country: 'US involvement: Mentioned Name: stare Bar Address,., (Business) 13493 Biusirmss Cwiter Dr 1NW City,. F11k, Il wer State: MIN Zip., 553310 country: US . . . ... . ........................ . ..... . . -- . . . . . ............ ........... . ... . ........ . . . . .................. -- . ........ . ........... BarCoclie: 22-011277 Item Type: Tobalwo BinDIES"r`ROY Description, Pipe tobacco Locarlon Addresw (8 us4iess)'134153 Business Center Dr NW CltEW River State: MIN .............. . . .... . .... Zip,- 563310 Coun lq�: Us _ I apse � //pcl:,, el k.ri verm n, go v4elg/ A ppl�, ications/1 neide III port(;`n trols/l nei de i i Weport . aspx?. . , 1/11/2023 Incident Report Last Name . Sapply First, Arlainna Middle; Patricia Genevieve DO& 014-23-2003 Address: (Re3idience) 330, Pleasant Ave Ciity: IBilg tale State. MNI Ziip,; 55019-9570 Country: Offense(s) Offense: SALE TOBACCO MINOR (26,37,a) SALIE TOBACCO MINOR Address: (Business) 13493 Business Center Dr NW City: Elk River State: IN Zip,: 55330 Country: US Court Dttm: -- Court Location: Sherburne County W" Ing I 11.115�11 I type: Suibimitted to City Attorney Disposttion: Citation Name: Sappa , Airianna Patricia Genevieve 04--23 2003 3MM:M1M= kff; Last Modified: 12-22-2022 0951 On Monday 12/05/22 1, Detective David Wilfiarns, was conducting tobacco compliance checks throughout the city of Elk River. I perforl-ned this, with the assistance of Mark Lees with Sherburne Cbunty Ilealth and I lunian Services and the person, under the age of 21 who Lees had pre -selected. See the 111iscellanelolus otricer report (22022287) for, information on the ident JI of" the purchaser, The purchaser will be hereinafter ref"erred to as "the buyer", Lees had provided the buyer US, currency to, attempt to purchase tobacco products, as part ofthe complianoc checks throughout the evening. At approximately 1620, hours, the buyer entered the Vape Bar establislurrent located at 134913 Business Center Dr NW. Shortly thereafter the buyer exited the business with a bag of pipe tobacco and advised Lees and I that she purchased it.] he buyer turned over the pipe tobacco to me which I secured as evidence. After completing the compliance checks, I brought the pipe tobacco back to the Elk River Pohice Depariment where I secured it in my office and later entered into evidence on 12/06/22, 1 also took photographs ofthe pipe tobacco and uploaded thern to evidence.com. '['he buyer described the salesclerk to Lees and I at which tinne Lecs and I entered the business and made. contact with the clerk, who I identified by MN driver's license as Arianna Patricia, Genevieve Sappa DO,B: 04/23/03. Sappa achnitted to selling the pipe tobacco to the buyer and knowing that it is illegal to sell tobacco products to people under 21 years of age. Sappa admitted to not asking for the buyer's identification or asking her age. Sappa said it was busy in the store and she: didn't even to up at the buyer to see what her age looked like. Sapp,a said she has been cited in the past for selling tobacco products to minors while employed at the sarne establishment (Vape Bar), I was later able to find the prior citation to Sappa was issued on 1ill 31122 (Elk River Police case #22020143). Lees talked with Sappa about training she may have received frorn the employer in how to identify underage httl)s:,Ilpd.,elk,rivet-nin.govllet&!,IApplicatioiislliicideiitIlZeortControlslliicide'ritRepoil.aspx?.., 1/11/2023 Incident Report Page 3 o1'3 subjects trying to purchase tobacco, Lecs also adviscd Sappa to follow the recommendation of'cliecking the identity of anyone suspected of being � years old or younger. I activated my body worn caniera while I.ees and I were inside, the husiness talking with Sappa. t n, 12/016/22 1 issued Sappa citation 471022022,003679 fbir selling tobacco to a persoin under 21 years of age (city ordinance 26.37.a). I mailed the citation to Sappa along Nvith a letter of explanation. End of' report. Detective David Wflfiarns 4614 Elk River I-Iolice Department DW 12'1016/22 littps:llpd.,elkrivci°riiii.go%(Ilc,tglApplicatioiisllitcideiitIReport,C'ontrolslliicideiititep,oti,as,px'?'... 1/11/2023 v� Minnesota REAL Minnesotans will be able to apply for REAL ID - compliant driver's licenses and ID cards Oct. 1, 2018, but they will have two years to obtain one. That's because the state is on track to meet the requirements of the federal REAL ID Act. The federal government won't require all driver's licenses and IDs to be REAL ID -compliant for federal use until Oct. 1, 2020. • REAL ID -compliant cards are optional. • Minnesotans should be able to use their y� standard driver's license or identification cards for domestic air travel or access to federal facilities until Oct. 1, 2020. • If a Minnesotan chooses to apply for a REAL ID before their standard license expires, an early renewal fee would be charged and an additional four years would be added to the expiration date. The early renewal fee, set in Minnesota law, is based on how many months the REAL ID is obtained before a person's driver's license or ID card expires. $2 for a renewal 17 months before expiration. • $4 for a renewal 18-29 months before expiration. $6 for a renewal more than 29 months before expiration. SAFE CONVENIENT For snare information about Minnesota's new driver's license and I D card, visit dvs,dps.mn.9ov.. Department of Public Safety Driver and Vehicle- Services 445Airin jiQla Stree. 0 MI MimmeSOTA DRIVER'S LICENSE ..r.s 0411312018 ae 011- 08/20/2022 3 r, 08/2011998 �;- B n.riw. NONE None O t' NE r BNU � r 1'3ti Ib r LGYtvNAYE S, h 5541>-1214 1A. The Minnesota Department of Public Safety Driver and Vehicle Services division (DPS-DVS) will begin issuing redesigned driver's licenses and identification (I D) cards. These cards will be available at all driver's license service centers statewide and will replace the previous design. Minnesotans do not need to replace their current driver's license or ID card, unless their card is expiring, or they need to change their address or name. Minnesotans will be able to use their current license and ID card until the expiration date on the card. The cost of the new cards is the same as the old cards. DESIGNATED HEADER COLORS There is a designated color for the text showing the card type. The some color is used for a commercial and standard driver's licenses. Red is used for an adult cardholder and black is used for a minor cardholder, ii1'mmweSOTA ti DRIVER'S LICENSE M11 MINN@SOTA 2Rffill M1 MINNCSOTA Y ITI M I N N e SOTA cOMMljtCIAL �, coMMDRQM L DRIVWX U04Ni1[ AIZIYERs, Ice_aE - ' rYI'"I M1NNesou rM'MINHOSOTA aNs;SON INSTRUGr10NrpRMII MI MINNeSOTA ww%%rvmc' rnI MINHOSOTA LMI►TDRI=R RIGTDLII"MW M. 3 MINN0iOTA IDEN�IMC/ITiON, in1 MINNaSOTA A1l� IDENTIFICATION CARD MINNOSOYA PROVIAMNAt.DRIVER'S kKgIfsI SECURE CARD FEATURES The new design includes new security and data features. MIM I N N@ S ill DR�vER's, LI ENSE TEMPORARY �'l 7 SAMPLE AVERY JOSrPR 4" BI Domew;TON AVE MINNFAF61.Ib, MN IS417 1174 nit.+.:, 19s7 • otx� sa Security Design The custom background design incorporates the breaking rocks of the Headwater along the Mississippi River with images of a pine forest and a canoeist enjoying the state's natural resources. Ghost Image There is a repeat image of the cardholder's portrait. If the VETERAN indicator is applicable, it will overlap the bottom of this feature. 0811512018 W.111S12022 ADDITIONAL FEATURES �:rNr AEA Ns �ttF 08/15/57 V El'ERAN U.S. Dept. of Homeland Securitv R EAL I D indicators: Every new card will feature onP of the following indicators to comply with federal REAL ID Act: • . indicates the card is a fully compliant REAL ID. NOT FOR FEDERAL IDENTIFICATION indicates the card is non -compliant. • TEMPORARY indicates the cardholder is in the United States on a temporary basis. NEW CARD ORIENTATION A vertical driver's license or ID card will be issued to M1 MINNesou anyone under age 21. This DRIVER'S LICENSE J& provides a quick reference - that the cardholder is a minor. Vertical license i you A123456 iMe ! teas 041118 and ID cards are currently 4bExPO812012022 used in 46 other states. 0812011998 1 ,• .. o I itt^..NONE Under18 and Under 21 NONE indicators display below ,Ilex � ,a EVES SRO i �',+uf�,. IN 1I11D7 the portrait. ITvart>sle 18AMPLBMARIE UNDER 18 UNTIL, with 2JUNLOOMI ".. 1192 SOOMINOTON AV@ appropriate date, displays MINNEAPOLI5, MN 0417.1226 as black text in a yellow bar. UNDER 21 UNTIL, with appropriate date, displays Y as white text in a red bar. t ALL FORMATS CLD•FORMATS EXCEPTCLP` ONLY Valid Without Photo Id Ir,wr�Y t NYrrN, PIotP R41g PM T,N IIN • Some cards may be issued without a photo. Those cards will feature one of the above images in place of the photo. "CLP = Commercial Learner's Permit �gpliea6le Front J, tors DONOR SENIOR VETERAN EA=Metro Mobility FL—= Mobility C=Medical Alert [=Standby orTemporary Custodian [=Senior Citizen Transportation Reduced Fare Senior Indicator Someone 65 years or older may request their license be marked SENIOR. An ID card for someone 65 years or older may have LIFETIME instead of an Expiration date. 1D Barcode Contains DL Number Magnetic Stripe Contains identification data cu=.ID4ko*%"orao lmwb -Pto MANI! cVWRl CM END: Nc. RESTR[NaM -- - -- - T­ 2D Barcode Contains identification data © Indicators may print in these locations, as applicable: Living Will/Healthcare Directive Veteran 100% T&P Jotally & Permanently disabled) • Dept. of Natural Resources, regular and Lifetime fields