Title
Removing the existing licensing conditions 5 & 6 from the Tobacco Products Shop license held by D & L Tobacco LLC d/b/a D & L Tobacco (License ID #20210002137), for the premises located at 626 Larpenteur Avenue.
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WHEREAS, after City Council created a Tobacco Products Shop License by ordinance amendment, the property located at 626 Larpenteur Avenue in the City of Saint Paul was divided by a wall into two separate suites which allowed for both a Tobacco Products Shop License and a Tobacco Shop License to be issued for the same address; and
WHEREAS, the Tobacco Products Shop and Tobacco Shop shared a common wall that contained a door providing access to restroom facilities in the Tobacco Shop; and
WHEREAS, when the property was divided, the Tobacco Products Shop and Tobacco Shop were owned by the same individual; and
WHEREAS, the Tobacco Shop was sold and under RES 24-323, the City Council granted Kitty’s Corner 3 a Tobacco Shop License; and
WHEREAS, the Department of Safety and Inspections learned that the Tobacco Products Shop Licensee removed the door and blocked off the entry and added a bathroom making the Tobacco Products Shop a totally separate entity; and
WHEREAS, these actions have made license conditions 5 and 6 obsolete which required:
5. The door between the Tobacco Products Shop and convenient/gas station, must remain locked at all times that the businesses are open.
6. License Holder acknowledges that both businesses will be under the control of one owner/operator, the tobacco shop or convenient store will never be sub-leased to a separate owner and that the tobacco shop may not be open for business when the convenient store is not operating.
; and
WHEREAS, the Department of Safety and Inspections is formally requesting that license conditions 5 and 6 be removed; and
WHEREAS, under Saint Paul Legislative Code Section 310.01 adverse action is defined as:
Adverse action means the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application for the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, licensee, or applicant for a license. “Adverse action” includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the city. “Adverse action” also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.; and
WHEREAS, Saint Paul City Council has retained the authority under this license type to take adverse action for the purpose of adding or removing license conditions; and now therefore be it;
RESOLVED, that the Council does hereby remove license conditions 5 & 6 to allow the Tobacco Products Shop, D & L Tobacco (License ID #20210002137) to have their own identity as per the building code from the Tobacco Shop license held by Kitty’s Corner 3 (License ID #20230001816), for the premises located at 626 Larpenteur Avenue, in Saint Paul.