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Approving the imposition of a $50.00 administrative fine against Michael Yousry Sawiers for selling tobacco products to a minor at the West St. Paul BP, Inc., 657 Seventh Street West, on March 28, 2011.
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WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by West St Paul BP, Inc. d/b/a West St Paul BP, Inc. (License ID #20080004170) for the premises located at 675 - 7th Street West in Saint Paul by Notice of Violation dated April 6, 2011, alleging that on March 28, 2011, a clerk from the licensed establishment, Michael Yousry Sawiers, sold tobacco products to an underage person in violation of Minn. Stat. § 609.685 and Saint Paul Legislative Code § 324.07 (c); and
WHEREAS, in addition to the adverse action against the licensee, Minn. Stat. § 461.12, Subd. 3 directs the licensing authority to impose an administrative penalty of $50.00 upon the individual selling the tobacco product to an underage person, but that no penalty may be imposed without the opportunity for a hearing; and
WHEREAS, a Notice of Administrative Fine dated April 6, 2011 was sent to Mr. Sawiers, and
WHEREAS, Mr. Sawiers responded to his Notice of Administrative Fine in a timely fashion and requested a public hearing, which was then held on May 18, 2011; now therefore be it
RESOLVED, that Michael Yousry Sawiers is hereby ordered to pay a $50.00 administrative fine for the sale of tobacco products to a minor on March 28, 2011. Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.