HomeMy WebLinkAboutItem 06.l
Date: Item No.
TOBACCO LICENSE VIOLATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve findings of fact and
decision related to Vape City Tobacco license violations.
Overview
Mohammed Alhataba was notified, in writing, of the alleged tobacco license violations that
occurred at Vape City Tobacco on June 1, 2018. Mr. Alhataba requested a hearing pursuant to
City Code 3-6-8. A hearing was conducted by the Public Safety Committee of the City Council
on July 16, 2018.
The Public Safety Committee found that the stated violations did, in fact, occur and
recommended to the City Council that these violations be confirmed. The civil sanction of $300
is also confirmed.
Primary Issues to Consider
• Is the civil sanction penalty reasonable?
This violation constitutes the first violation for Mohammed Alhataba d.b.a. Vape City
Tobacco. The civil sanction is consistent with City Code 3-6-7.
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Charlene Friedges, City Clerk
August 6, 2018
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville Tobacco
Licensing Complaint Against: FINDINGS OF FACT AND DECISION
Mohammed Alhataba
Vape City Tobacco
11276-210th Street W.
Lakeville, MN 55044
On July 16, 2018, the Public Safety Committee of the Lakeville City Council conducted a
hearing on the violation by Mohammed Alhataba dba Vape City Tobacco (“Licensee”) of Minn.
Stat. §461.12 and City Code 3-6-5 and found that the stated violation did in fact occur and
recommended to the Lakeville City Council that these violations be confirmed. On August 6,
2018, the Lakeville City Council met at a regular meeting to consider the imposition of a civil
penalty against Licensee for violation of Minn. Stat. §461.12 and City Code 3-6-5. The City
Council now makes the following Findings of Fact and Decision:
FINDINGS OF FACT
1. Licensee has a license to sell tobacco products issued by the City of Lakeville.
2. On June 1, 2018, Licensee’s employee allowed a person under the age of 18 to
use an electronic cigarette in violation of Minnesota Statutes §461.12 and City Code 3-6-5.
3. On June 1, 2018, Licensee’s employee allowed customers to be seated while
vaping in violation of City Code 3-6-5.
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4. Copies of the Lakeville Police Department reports regarding this incident are
incorporated into these Findings of Fact by reference.
5. This constitutes the first violation for Licensee pursuant to City Code 3-6-5.
6. Licensee was notified of the alleged violation on June 7, 2018. On June 14, 2018,
Licensee requested a hearing pursuant to City Code 3-6-8.
7. A hearing was conducted by the Public Safety Committee of the Lakeville City
Council on July 16, 2018.
8. The Public Safety Committee found that the stated violation did in fact occur and
recommended to the Lakeville City Council that these violations be confirmed.
DECISION
1. Licensee violated Minn. Stat. §461.12 and City Code 3-6-5 on June 1, 2018.
2. Licensee shall pay a civil sanction of $300 within 10 days of the date of this decision.
Dated: August 6, 2018.
CITY OF LAKEVILLE
BY: ______________________________________
Colleen J. Ratzlaff LaBeau, Acting Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk