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AGENDA RECOMMENDATION |
8.B.
City Council Regular Meeting
- Meeting Date:
- 12/08/2025
Agenda Item:
Review of Tobacco License for Shaheen LLC, DBA Marathon.
Recommendation/Action(s):
Adoption of the attached resolution which includes a civil penalty of $1,000 and a fourteen (14) day suspension commencing from January 1 through January 14, 2026, with the condition that if there is a fourth penalty within the 36-month period, the license is revoked.
Summary:
Over the past 12 months, the Mankato Department of Public Safety conducted tobacco compliance checks at Shaheen LLC, DBA Marathon at 729 North Riverfront Drive, using a controlled buyer under the age of 21, and in all instances a store employee sold a tobacco product to the underage buyer without requesting identification. The dates of the violations are as follows: June 26, 2025, October 13, 2025, and November 20, 2025.
The above violations represent three offenses within a 36-month period. Minnesota State Statute §461.12, Subd. 2, states that for a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven (7) days and may be revoked.
For each offense, letters were sent to the licensee informing them of the violation, the associated administrative penalty, and the appeal process. The letters also indicated that a follow-up compliance check would be conducted within a six-month period following the initial violation and three-month period following the subsequent violations. Since this is the third violation, the license is being brought to the City Council for review and formal action.
The above violations represent three offenses within a 36-month period. Minnesota State Statute §461.12, Subd. 2, states that for a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven (7) days and may be revoked.
For each offense, letters were sent to the licensee informing them of the violation, the associated administrative penalty, and the appeal process. The letters also indicated that a follow-up compliance check would be conducted within a six-month period following the initial violation and three-month period following the subsequent violations. Since this is the third violation, the license is being brought to the City Council for review and formal action.