RES 23-08Resolution 23-08
A Resolution Imposing Administrative Penalties for Violations of
Tobacco License Requirements
WHEREAS, the Elk River Vape Bar (Vape Bar) is licensed to sell tobacco and tobacco products
under Elk "River City Code § 26-67; and
WHEREAS, State Law, Elk River City Code, and the conditions of the license held by the Vape
Bar prohibit the sale of tobacco and tobacco products to persons under 21 years of age, and require
employees at the Vape Bar to confirm the age of any person to whom they sell tobacco and tobacco
products. Elk River City Code § 26-33 holds the licensee responsible for the actions of its employees
in regard to the sale of tobacco or tobacco products; and
WHEREAS, Elk River City Code § 26-35 authorizes the City to, from time to time, conduct
unannounced compliance checks at each location where tobacco and tobacco products are sold; and
WHEREAS, on September 15, 2020, the Elk River Police Department conducted a compliance
check at the Vape Bar by having a person under the age of 21 (a Compliance Minor) attempt to
purchase tobacco from the Vape Bar. The Vape Bar sold tobacco to the Compliance Minor despite
being under 21 years of age. The Vape Bar, and the employee who sold the product, were cited at
the time of this violation and paid the citation; and
WHEREAS, on October 31, 2022, after reports of suspicious activities, the Elk River Police
apprehended a minor in possession of tobacco products. The minor stated that he had purchased
the tobacco products from the Vape Bar, which the minor stated did not properly identify the age of
potential customers as is required by law and its license. The minor identified the employee who had
sold him the products. Elk River police officers then spoke with the employee, who admitted to
selling the tobacco products to the minor; and
WHEREAS, on December 5, 2022, the Elk River Police Department conducted an unannounced
compliance check at the Vape Bar. The Vape Bar sold tobacco products to the Compliance Minor
despite that person being under the age of 21; and
WHEREAS, Elk River City Code § 26-73(a) states that any licensee who violates City Code and
the conditions of the license shall be subject to the administrative penalties set forth in Minn. Stat.
§ 461.12. Minnesota Statutes § 461.12 states that for a second violation within a thirty-six (36)
month period, the City shall impose an administrative penalty of $600. For a third violation within a
thirty-six (36) month period, Minnesota Statutes § 461.12 imposes an administrative penalty of
$1,000 and a seven (7) day license suspension; and
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WHEREAS, Minn. Stat. § 461.12 requires that no suspension, revocation, or other penalty may
take effect until the licensee has received written notice of the alleged violation or violations, and has
had an opportunity for a public hearing on the alleged violation; and
WHEREAS, on December 14, 2022, the City of Elk River provided the Vape Bar written notice
of the alleged violations on October 31, 2022, and December 5, 2022. This written notice instructed
the Vape Bar that it had the right to request a hearing. The Vape Bar requested a hearing on the
alleged violations, which the City of Elk River held on February 6, 2023. The Vape Bar was
presented with a full and fair opportunity to speak at this hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows:
1. The City Council reaffirms the recitals above and the factual findings therein and
incorporates them herein as of restated in full.
2. The Vape Bar has a prior violation of City Code and the conditions of its license that
occurred on September 15, 2020.
3. The Vape Bar violated City Code and the conditions of its license on October 31, 2022,
by selling tobacco products to a person under the age of 21 and by failing to properly
identify the age of its potential customers. The October 31, 2022 violation was the
second violation within a 36-month period.
4. The Vape Bar violated City Code and the conditions of its license on December 5, 2022,
by selling tobacco products to a person under the age of 21 and by failing to properly
identify the age of its potential customers. The December 5, 2022 violation was the third
violation within a 36-month period.
5. Having considered the full record before it, including the police reports of the violations
and the testimony of the Vape Bar, the City Council fords that there is nothing which
would justify departing from the presumptive penalty under Minn. Stat. § 461.12. The
Vape Bar shall pay an administrative penalty of $1,600.00 ($600.00 for the October 31,
2022 violation and $1,000.00 for the December 5, 2022 violation) and shall have its
license suspended for seven (7) days.
Passed and adopted this 6'' day of February 2023.
J J. ietz, �y or
ATTEST:
Tina Allard, City Clerk
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