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PUBLIC HEARING — I OA <br />,-i DEN HILLS <br />MEMORANDUM <br />DATE: October 23, 2023 <br />TO: Honorable Mayor and City Councilmembers <br />Dave Perrault, City Administrator <br />FROM: Julie Hanson, Assistant to the City Administrator/City Clerk <br />City Attorney Jack Brooksbank, Campbell Knutson, P.A. <br />SUBJECT: Arden Hills Tobacco, 3673 Lexington Avenue NE — Public Hearing <br />Budgeted Amount: Actual Amount: Funding Source: <br />N/A N/A N/A <br />Council Should Consider <br />Conducting a public hearing as requested by Arden Hills Tobacco. <br />Background/Discussion <br />This is an appeal hearing requested by Arden Hills Tobacco. On September 25, the City conducted <br />a compliance check and purchased products in violation of Arden Hills Tobacco's license. Arden <br />Hills Tobacco also failed a compliance check in December 2022 (sale of tobacco to an underage <br />person). Arden Hills Tobacco did not contest that violation and paid the requisite fine. That makes <br />this compliance check the second license violation within a 36-month period. <br />City staff identified several violations of the store's tobacco license during the September 25 <br />compliance check. First, the store was selling THC products without the CUP required by Arden <br />Hills zoning code. Second, the store was selling a flavored vape, as forbidden by the Arden Hills <br />Tobacco Products code. Third, the store was selling several THC products that were illegal under <br />State statute. Please see attachment A. <br />City staff sent the licensee a letter informing it of the violations. The letter also directed the licensee <br />to pay an administrative fine for the violations as set by the Arden Hills fee schedule. The licensee <br />then requested that the matter be scheduled for a hearing before City Council. <br />At the hearing, the City Council will hear from the licensee and the City Attorney's office. The <br />Council will then have to decide whether to sustain or overturn the finding of a license violation, <br />and determine the appropriate penalty. Under the City's schedule of fees, the presumptive penalty <br />for a second license violation within a 36-month period is a $600.00 administrative fine. <br />Budget Impact <br />N/A <br />Attachments <br />Attachment A: PowerPoint Presentation <br />Page 1 of 1 <br />