Title
Approving adverse action taken against the Cigarette/Tobacco license held by M Z R Family, LLC, d/b/a Payne Ave's Shop-N-Go,1050 Payne Avenue.
Body
WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by M Z R Family, LLC d/b/a Payne Ave's Shop-N-Go (License ID #20100001380) for the premises located at 1050 Payne Avenue in Saint Paul by Notice of Violation dated April 6, 2011, alleging that on March 25, 2011, a clerk from the licensed establishment sold tobacco products to an underage person in violation of Minn. Stat. § 609.685 and Saint Paul Legislative Code § 324.07 (c); and
WHEREAS, this is the first violation regarding the sale of cigarettes to an underage person, so the licensing office recommended a $200.00 matrix penalty pursuant to Saint Paul Legislative Code § 324.11 (b) (1), ; and
WHEREAS, on April 13, 2011, the manager of the licensed premises responded to the Notice of Violation by calling the City Attorneys Office to state that the licensee admits to the violation but is contesting the $200.00 matrix penalty; and
WHEREAS, the manager also stated that the licensee had designated him to appear at the hearing because the licensee was out of the country and he would be sending a letter to the City Attorneys Office requesting a public hearing; and
WHEREAS, on June 26, 2011, the City Attorney's Office received an email from the representative of the licensee stating that the licensee now contested the violation and $200.00 matrix penalty and requested an administrative hearing; and
WHEREAS, on June 27, 2011, the Legal Assistant for the City Attorneys Office responded to the email requesting a clarification of which type of hearing the licensee wanted due to the fact that both were requested; and
WHEREAS, on July 6, 2011, the representative of the licensee called the Legal Assistant regarding the hearing and after an explanation of both hearing options decided to request a public hearing which was held on...
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