HomeMy WebLinkAboutItem 06.d
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 July 30, 2020. 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 September 21, 2020.
The Public Safety Committee found that the stated violations did, in fact, occur and recommends
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
October 5, 2020
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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 September 21, 2020, 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 recommends to the Lakeville City Council that these violations be confirmed.
On October 5, 2020, 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 July 30, 2020, Licensee’s employee sold tobacco products to a person under
the age of 21 in violation of Minnesota Statutes §461.12 and City Code 3-6-5.
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.
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6. Licensee was notified of the alleged violation on August 19, 2020. On August 31,
2020, 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 September 21, 2020.
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 July 30, 2020.
2. Licensee shall pay a civil sanction of $300 within 10 days of the date of this decision.
Dated: October 5, 2020
CITY OF LAKEVILLE
BY: ______________________________________
Douglas P. Anderson, Mayor
ATTEST:
__________________________________
Charlene Friedges, City Clerk