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RESOLUTION 2 01 9-12 0 CITY COUNCIL CITY OF NEW BRIGHTON RESOLUTION DENYING KIDDRICK CODE (D/B/A TEE'S TOBACCO)'S APPLICATION FOR A TOBACCO LICENSE WHEREAS, Kidderick Code, doing business as TEE's Tobacco (the "Applicant"), a business to be located at 1439 Silver Lake Road NW in New Brighton, has submitted an application for a tobacco license in the City of New Brighton; and WHEREAS, the Applicant has paid the required fee and completed the application packet to request the license; and WHEREAS, subsequent to the Applicant's application for a tobacco license,members of the New Brighton Public Safety Department conducted a background investigation of the Applicant,which is a requirement in order for the City to be able to issue the license; and WHEREAS, the City's tobacco regulations are in place in order to protect the public's health, safety, and welfare, and have proven successful in combating illegal activities frequently found in and around tobacco businesses in other communities; and WHEREAS, Section 15-59 (D) of the City Code which pertains to tobacco licenses states that grounds for denying the issuance or renewal of a tobacco license include "[t]he applicant fails to provide any information required on the application, or provides false or misleading information"; and WHEREAS, it was found that the Applicant provided false and misleading information on the application and also failed to provide certain required information; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of New Brighton hereby denies the Applicant's application for a tobacco license based on the foregoing recitals and the following findings of the City Council, all of which is to protect the public's health, safety,and welfare: 1. The Applicant has provided false and misleading information on the application which is grounds for denial of the license pursuant to Section 15-59 (D) of the City Code. When conducting the background investigation, it was found by the City's Public Safety Department that there was a discrepancy in the spelling of the Applicant's first and last names on the supplemental background application and on his State issued identification card. The Applicant did not provide the City with any explanation for this discrepancy. 2. The Applicant has failed to provide information that is required on the application which is grounds for denial of the license pursuant to Section 15-59 (D)of the City Code. Per the supplemental background application form, the Applicant is to provide any names that he has ever used by or been known by other than true names and his birth date. The Applicant did not list any other names and provided one birth date. The City's background