Title
Denying a stay in implementation of Council File #RES PH 22-223 the Cigarette/Tobacco license Held by Bright Star Inc. d/b/a Tom and Joe's Market (License ID #20190003653) at 684 Western Avenue North.
Body
WHEREAS, pursuant to RES PH 22-233, on September 21, 2022, the Saint Paul City Council revoked all licenses held by Bright Star Inc., d/b/a Tom and Joe’s Market; and
WHEREAS, on October 6, 2022 the City Clerk was served with a Petition for Reconsideration or a Stay of Proceedings (“Petition”) in the above entitled matter; and
WHEREAS, Bright Star Inc., d/b/a Tom and Joe’s Market has applied for a Writ of Certiorari from the Court of Appeals for the State of Minnesota; and
WHEREAS, Counsel for Bright Star Inc., d/b/a Tom and Joe’s Market has petitioned the Saint Paul City Council for an Order staying the determinations made on September 21, 2022, effective until the final adjudication of the appeal action; and
WHEREAS, under Minnesota Rule of Civil Appellate Procedure 108.01, the City Council has the power to grant a stay and impose reasonable terms and conditions that are proper for the security of the rights of the City of Saint Paul; and
WHEREAS, on September 21, 2022, in revoking all licenses held by Bright Star Inc. d/b/a Tom and Joe’s Market, the Council considered all the evidence in the record including the report of an Administrative Law Judge; and
WHEREAS, that evidence included:
- Documentation that during a complaint based inspection on January 6, 2022, a DSI inspector and an inspector from the Minnesota Department of Revenue (“MDR”) observed and documented with photographs multiple flavored product violations that where located next to the counter/cash register in violation of Saint Paul Legislative Code section 324.07(j); and
- Information that the inspector also noticed hidden flavored tobacco products in a bag under a plastic chair, an open box of Newport menthol cigarettes u...
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