07-23 Resolution No. 11638
RESOLUTION NO. 11638
RESOLUTION REVOKING THE BUSINESS LICENSE OF
EMPIRE TOBACCO LLC LOCATED AT
6414 NICOLLET AVENUE SOUTH, RICHFIELD, MN 55423
WHEREAS, Empire Tobacco LLC ("Licensee"), a Minnesota company, operated a
tobacco retail establishment located at 6414 Nicollet Avenue S., Richfield, MN; and
WHEREAS, pursuant to Richfield City Code Subsection 1146.05, tobacco retailers
are required to be licensed by the City; and
WHEREAS, Subsection 1146.05, subd. 4, of the Richfield City Code provides that
smoking shall be prohibited, and no person shall smoke, in a public place, at a public
meeting, or in a place of employment. This subdivision also prohibits the sampling of
tobacco, tobacco products, electronic delivery devices, nicotine or lobelia delivery
products and products used in electronic delivery devices and nicotine or lobelia delivery
products; and
WHEREAS, Minn. Stat. § 144.414 also prohibits smoking in an indoor area of a
public place including retail stores or in a place of employment; and
WHEREAS, Subsection 1146.17 of the Richfield City Code requires all licensed
premises to be open to inspection by Richfield law enforcement or other authorized City
officials during regular business hours; and
WHEREAS, Subsection 617.07 of the Richfield City Code prohibits the operation of
a food establishment within the City of Richfield without first obtaining and having a valid
license; and
WHEREAS, on April 2, 2019, Licensee submitted an application for a building permit to
construct a wall between the retail area and a proposed new storage area on the premises; and
WHEREAS, on June 13, 2019, the Richfield Police Department attempted to perform a
tobacco compliance check at the Licensee’s establishment to investigate a report of indoor
smoking; and
WHEREAS, while inside the retail sales area of the establishment, Officer observed haze
and smoke, but were denied access to enter other areas of the establishment to complete the
compliance check; and
WHEREAS, on June 14, 2019, the law enforcement officers entered the establishment with
a lawfully-obtained administrative search warrant and observed the following violations in the
establishment:
1) Evidence of indoor smoking in violation of City Code and State law;
2) Operation of a food establishment without a license in violation of City Code;
3) Unlawful use of the establishment as an assembly occupancy with several fire and
building code violations related to the unlawful use.
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Resolution No. 11638
WHEREAS, staff concluded, based on the inspection, that Licensee had misrepresented
the intent to build a storage area on the premises and instead was using the premises for an
assembly/"club" use; and
WHEREAS, on June 19, 2019, the City's Chief Building Official sent a Notice of Unsafe
Building to the Licensee's representative specifying the items in the establishment that must be
corrected before it could be re-occupied, as well as items necessary to operate the establishment
as an assembly use; and
WHEREAS, Subsection 1146.05 of the Richfield City Code states that a license may be
denied, suspended or revoked by the council, after an investigation and public hearing where the
licensee is granted the opportunity to be heard, for one (1) or more of the following reasons:
(a) The operation of the business is in conflict with any provision of this code.
(b) The operation of the business is in conflict with any health, fire, building, building
maintenance, zoning, or any other applicable codes or laws.
(c) The applicant or licensee has failed to comply with one (1) or more provisions of this
section or any statute, rule or ordinance pertaining to the sale of tobacco, tobacco
products, tobacco-related device, electronic delivery devices or nicotine or lobelia
delivery products.
(d) The applicant has committed fraud, misrepresentation or bribery in securing or
renewing a license.
WHEREAS, on June 24, 2019, the City sent a notice to the Licensee stating the staffs
intent to recommend to the City Council that its license be revoked based on the city code
violations identified on June 14, 2019 and informing Licensee of its right to a hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield,
Minnesota, as follows:
1. The recitals outlined above are hereby adopted by the Council as factual findings
and are fully incorporated herein.
2. The tobacco license for Empire Tobacco LLC which business was most currently
located at 6414 Nicollet Avenue South, Richfield, MN 55423, is hereby revoked.
Adopted this 23rd day of July, 2019.
Yn - - 3 l7
Maria Regan Gonzalez, Mayor
ATTEST:
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Elizabeth an—Hoose, City Clerk
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