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Approving adverse action against the Tobacco Products Shop license held by Maharaja’s d/b/a Best of Times (License ID # 20160002078) for the premises located at 201 Seventh Street West.
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WHEREAS, Maharaja’s d/b/a Best of Times (License ID # 20160002078) for the premises located at 201 7th Street West in Saint Paul was the subject of a Notice of Violation Recommendation For Imposition Of $500 Matrix Penalty for Tobacco Youth Compliance Check Failure (“Notice”) dated October 4, 2023; and
WHEREAS, Minnesota Statute § 461.12, subd. 5 states: “[a] licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold to test compliance with section 609.685 and 609.6855”; and
WHEREAS, the Notice stated that on September 20, 2023, the Department of Safety and Inspections conducted a tobacco compliance check at the licensed premises; and
WHEREAS, an underage person entered the licensed premises and was asked to show identification which indicated that he was underage. Nevertheless, the clerk sold him Marlboro Light cigarettes; and
WHEREAS, Saint Paul Legislative Code § 310.06(b)(6) allows for adverse action when a licensee has violated or performed any act which is a violation of any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity; and
WHEREAS, Saint Paul Legislative Code §324.07 (i) prohibits the sale of tobacco products to a person under the age of twenty-one (21); and
WHEREAS, Saint Paul Legislative § 324.10(b)(1) provides for a presumptive penalty of $500.00 for a first-time violation of the sale of tobacco products to an underage person; and
WHEREAS, the Department of Safety and Inspections recommended the imposition of a $500.00 matrix penalty; and
WHEREAS, the Notice gave the licensee until October 16, 2023, to 1) pay the $500.00 matrix penalty; 2) request a Council Hearing or 3) request an Administrative Hearing; and
WHEREAS, the licensee failed to respond to the Notice by October 16, 2023 to 1) pay the $500.00 matrix penalty; 2) request a Council Hearing or 3) request an Administrative Hearing; and
WHEREAS, the Notice stated that if the licensee failed to respond to the Notice by October 16, 2023, that the matter would be placed on the City Council Consent Agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, the Tobacco Products Shop license held by Maharaja’s d/b/a Best of Times (License ID # 20160002078) for the premises located at 201 7th Street West in Saint Paul is hereby ordered to pay a $500.00 matrix penalty for the sale of tobacco products to an underage person during a tobacco compliance check conducted on September 20, 2023.
Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.