The URL can be used to link to this page

Home My WebLink AboutX-C-01 Hastings Tobacco Exclusive Tobacco Store License City Council Memorandum To: Mayor Fasbender & City Council Members From: Megan White, Human Resources Technician Date: April 15th, 2019 Item: Review Exclusive Tobacco Store License for Muath Ahmed Council Action Requested: Review the application and make a determination for an Exclusive Tobacco Store license for Muath Ahmed of Hastings Tobacco & Vape located at 1769 Market Boulevard. Background Information: Muath Ahmed submitted an application for an Exclusive Tobacco Store license on February 6, 2019. Upon completion of a standard background investigation, it was revealed that Mr. Ahmed was convicted of selling tobacco to a minor in 2017, a conviction Mr. Ahmed did not disclose on his application. Both the conviction and the failure to disclose the conviction on the application are reasons the Council may consider for denying the application. Attached is a letter from Mr. Ahmed’s attorney we received after asking Mr. Ahmed to provide any explanation he wanted the City Council to consider on this issue. Per City Ordinance §112.05, an application can be denied on the basis of: (1) the applicant have been convicted within the past 5 years of any violation of a federal, state, or other law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco-related devices and (2) the applicant fails to provide information required in the application, or provides false or misleading information. Proposed findings are attached in the event the City Council decides to deny the application. Financial Impact: Mr. Ahmed has paid the background fee of $150.00. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments:  Application  Supplemental Information including attorney letter and proposed Resolution X-C-01 X - C - 0 1 X - C - 0 1 X X X X X - C - 0 1 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION MAKING FINDINGS, CONCLUSION AND DECISION DENYING THE APPLICATION OF MUATH AHMED FOR AN EXCLUSIVE TOBACCO STORE LICENSE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota, as follows: WHEREAS, Muath Ahmed (“Applicant”) has submitted on February 6, 2019 an application to the City of Hastings dated January 21, 2019 for an Exclusive Tobacco Store License for the premises at 1769 Market Boulevard in Hastings (“Application”); and WHEREAS, the Hastings City Council considered the Application and the supplemental information identified herein at its regular meeting on April 15, 2019 where the Applicant was given an opportunity to address the City Council in person or through his attorney. NOW, THEREFORE, based upon the evidence and testimony the City Council of the City of Hastings makes the following: FINDINGS 1. The Application is deemed complete and the Applicant signed the Application attesting that all the statements in the Application are true and complete and that any misstatements or omissions of material facts may result in disqualification or denial of the license. 2. The Applicant seeks an Exclusive Tobacco Store License so that he may acquire and continue the operation of the existing tobacco store business currently operating at 1769 Market Boulevard in Hastings. The Application indicates the Applicant is a current employee of the existing tobacco store business. 3. Following receipt of the Application, the City completed a background check of the Applicant which revealed that the Applicant had been convicted of Misdemeanor Sale of Tobacco to a Minor in violation of Minn. Stat. § 609.685, subdivision 1(a) on January 11, 2017 (the “Conviction”) for an incident occurring on or about November 23, 2016 at 1769 Market Boulevard in Hastings. 4. The Application does not disclose the existence of the Conviction. 5. Upon receipt of the background check the City notified the Applicant of the apparent failure to disclose the Conviction on the Application and provided the Applicant an opportunity to submit supplemental information or an explanation regarding the apparent failure to disclose the Conviction on the Application. The attorney for the Applicant X-C-01 submitted a letter dated March 29, 2019 which acknowledged the failure to disclose the Conviction in the Application but explaining the omission was due to a misunderstanding by the Applicant and was not intentional. That letter has been considered by the City Council and is part of the record. 6. Hastings City Code Section 112.05 provides: § 112.05 BASIS FOR DENIAL OF A LICENSE. (A) Generally. The following shall be grounds for denying issuance or a renewal of a license under this chapter. Except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the issuance or renewal of the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon discovery the person was ineligible for the license under this section. (B) Specifically. (1) The applicant is under the age of 18 years. (2) The applicant has been convicted within the past 5 years of any violation of a federal, state, or other law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco-related devices. (3) The applicant had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide information required in the application, or provides false or misleading information. (5) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation, from holding such a license. (6) The applicant or license holder has outstanding fines, penalties, or property taxes owed to the city. CONCLUSION Muath Ahmed was convicted within 5 years of the date of the Application of violating a state law relating to tobacco and the Conviction was not disclosed on the Application. For these reasons and based on the provisions of City Code § 112.05, the Application should be denied. ORDER The application of Muath Ahmed for an Exclusive Tobacco Store License for the premises at 1769 Market Boulevard in Hastings is hereby denied for the reasons set forth above. The City Clerk shall mail a copy of this Resolution to the Applicant as notice of the denial. As provided in City Code § 112.13, the Applicant may request a hearing on the denial before the City Council. Any request for a hearing must be made by the Applicant in writing and filed with the City Clerk within 10 days of the mailing of the notice of denial to the Applicant. Failure to file a request for a hearing within the required time shall be deemed a waiver of any further right to a hearing on the denial. X-C-01 By order of the City Council of the City of Hastings, Minnesota, April 15, 2019. ______________________________ Mary Fasbender, Mayor ATTEST: _____________________________________ Julie Flaten, City Clerk X-C-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 04 - - 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A TOBACCO LICENSE FOR HASTINGS TOBACCO & VAPE WHEREAS, Muath Ahmed of Hastings Tobacco & Vape has applied for an Exclusive Tobacco License; and WHEREAS, all paperwork has been submitted, a background check completed, and the required fee paid; and WHEREAS, the applicant will be subject to, and will need to comply, with any future Federal, State, or Local regulations implemented in the future which may regulate the use of Tobacco Products. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; That the Mayor and the City Clerk be authorized to sign a Tobacco License authorizing the above applicant to sell Tobacco at 1769 Market Boulevard unless revoked by the City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 15th DAY OF April, 2019. Ayes: Nays: Absent: Mary D. Fasbender, Mayor ATTEST: Julie Flaten, City Clerk (SEAL) X-C-01 X-C-01 X-C-01