Title
Adopting the Findings of Fact, Conclusions of Law and Recommendations of the Administrative Law Judge as amended and imposing the presumptive matrix penalty of a 10-day suspension of the Tobacco Shop License for the premises located at 864 Rice Street. (Licensee’s attorney will speak on behalf of the licensee)
Body
WHEREAS, on March 16, 2023, Amira Grocery, Inc. d/b/a Winnipeg Grocery, Inc, (“Licensee”) under License #20210000879, received a Notice of Violation and Request for Imposition of a 10-day Suspension (“Notice”) of the Tobacco Shop License based on the February 2, 2023, discovery of multiple of prohibited flavored products on the Licensed Premises after a complaint that the Licensee was selling prohibited flavored products from black bags behind the counter; and
WHEREAS, the NOV stated “Please note: If you choose an administrative hearing, the Department of Safety and Inspections reserves the right to request that the City Council impose the costs of this administrative hearing, per Saint Paul Legislative Code §310.05(k); and
WHEREAS, Saint Paul Legislative Code §310.03(k) allows for council to impose the costs of an administrative hearing stating:
“The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; …”
WHEREAS, the Licensee, through his attorney, Douglas Nepp, ...
Click here for full text