Mankato council suspends tobacco and liquor licenses after third-strike violations

The Mankato City Council on Monday approved penalties against two downtown retailers after staff described multiple state and local violations.

City Clerk Renee reported that Smokes for Less, at 1130 S. Riverfront Drive, had three offenses within a 36-month period: two compliance checks in which a controlled under-21 buyer was sold tobacco (dated in the memo as 08/08/2024 and 11/12/2025) and a separate finding by the Minnesota Department of Revenue that unstamped filtered cigarettes were sold from the store. "All three of these violations together constitute three offenses within the 36 month period," she told the council, and staff recommended a $1,000 civil penalty and a 14-day suspension under the city's strike matrix.

Andrew Brever, an attorney representing Smokes for Less, said the business accepts responsibility, described an internal zero-tolerance policy and said the alleged unstamped product was a supplier error. "The supplier in this case did send a notification that they acknowledge that it was their fault and did credit the store," Brever said. He asked the council to consider phasing the suspension to avoid immediate layoffs.

After discussion about precedent and enforcement options, the council approved the staff recommendation to impose a $1,000 civil penalty and a 14-day suspension.

Separately, staff presented facts on Los Dos Primos' liquor license: two strikes arising from a May 2025 bar check that found apparent underage possession/consumption and a separate incident in which the establishment reportedly obtained alcoholic beverages from another retail licensee for resale, which the state enforcement division flagged. The city noted prior fines and a three-day state suspension were already imposed.

Staff recommended a $2,000 civil penalty and a minimum seven-day suspension, with revocation if the license records a fourth strike within the strike window. Councilmember Levin said he was prepared to consider revocation but deferred to colleagues because of quorum concerns. The council then voted to adopt staff's recommendation; a roll call recorded Mel B. Kelly, Lavin, Deacon and Mayor Masaad as voting yes.

The decisions apply the city's strike matrix and the penalties imposed mirror prior local enforcement actions, city staff said. Council members noted revocation remains an option if the licensees incur further violations within the prescribed time frame.

The council took both actions during its regular meeting after hearing statements from staff and the licensee's attorney.