INFORMATION #1 09-05-2006
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Sept. 5, 2006
Item Number
INFORMATION
Prepared by
Jeffrey Beahen/J oan Schmidt
Reviewed by
Item Description
Tobacco Compliance Checks
Introduction
On Wednesday, August 302006, the Elk River Police Department conducted compliance checks
on the twenty-two businesses licensed to sell tobacco products in the City of Elk River. This was
done in conjunction with the Sherburne County Public Health Department. Of those twenty-two
businesses, five failed the compliance checks and sold tobacco to a minor. This is the highest
number of non-compliance violations in a single night of checking. Our previous checks had four
violations in one night of checking in 2002, with only two other violations in 2003, 2004 and 2005
combined.
Discussion
The businesses that failed were as follows:
Time Out Restaurant (previous violation 2-28-02)
19232 Evans Ave
Elk River
Elk Park Center Smoke Shop, Inc.
19112 Freeport Street
Elk River
Beaudry Express (previous violation 2-28-02)
610 Proctor Avenue
Elk River
B.P. Amoco of Elk River, Inc.
19696 Evan Street
Elk River
Super America North (previous violation SA South 9-15-04)
11554 193rd Ave NW
Elk River
s: \CounciJ\Joan \ Tobacco\2006\COMPLIANCE CHECKS. doc
Per Sec. 26.34 of our City Code:
(a) Licensees. Any licensee found to have violated this article, or whose employee has violated
this article, shall be charged an administrative penalty of $75.00 for a first violation of this article,
$200.00 for a second offense at the same licensed premises within a 24-month period, and
$250.00 for a third or subsequent offense at the same location within a 24-month period. In
addition, after the third offense, the license shall be suspended for not less than seven days.
(d) Notice. No penalty or suspension may take effect until the licensee or other individual has
received notice, served personally by mail, of the alleged violation and of the opportunity for an
administrative hearing pursuant to Section 26-35.
Letters will be sent to the five businesses that failed the compliance check informing them of the
ordinance.
Council Action
Motion by
Second by
Vote
Follow Up
s: \CounciJ\Joan \ Tobacco \2006\COMPLIANCE CHECKS. doc