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Directing the Department of Safety and Inspections to proceed with the 10-day license suspension adverse action against Maryland Supermarket INC d/b/a Maryland Supermarket (License ID #20160002943) for the premises located at 444 Maryland Ave W Ste C.
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WHEREAS, The Tobacco Shop license (License ID #20160002943) (“License”) is held by Maryland Supermarket INC d/b/a Maryland Supermarket (“Licensee”) for the premises located at 444 Maryland Ave W Ste C. in Saint Paul (“Licensed Premises”); and
WHEREAS, The Licensee was notified in a letter from the City Attorney’s Office dated May 19, 2026, titled Notice of Violation and Request for Imposition of 10-Day License Suspension (“Notice”) (Exhibit #1), that the Department of Safety and Inspections (“Department”) recommended a 10-day license suspension for the sale of flavored tobacco products, a violation of this license type; and
WHEREAS, The Notice explained that on March 2, 2026, Department Inspector Joseph Voyda conducted an inspection at the Licensed Premises and discovered multiple flavored tobacco products for sale, which are detailed in the Notice and is a violation of this license type; and
WHEREAS, The Notice detailed that, on multiple occasions, the Department has informed the Licensee that sale of flavored tobacco products is not permitted by this license type and included communications from June 12, 2024, January 22, 2025, and January 12, 2026; and
WHEREAS, The City Council has authority to take adverse action against a Licensee under Saint Paul Legislative Code § 310.03, and that adverse action includes the suspension of a license pursuant to Saint Paul Legislative Code § 310.01; and
WHEREAS, The Saint Paul Legislative Code § 310.03(m)(3)(2) identifies the presumptive penalty for this violation as a 10-day license suspension; and
WHEREAS, The Department recommends the imposition of the presumptive 10-day license suspension; and
WHEREAS, The Notice explained the Licensee’s options to respond to this proposed penalty, including contesting the facts before an administrative law judge, contesting the penalty before the City Council, or admitting to the facts and agreeing to the penalty; and
WHEREAS, On May 28, 2026, the Licensee, via his attorney, contacted the City Attorney’s Office to admit to the violation, accept the penalty, and waive its right to appear before City Council (Exhibit #2); and
WHEREAS, The Notice stated that if the Licensee accepted the violation, the matter would be placed on the City Council consent agenda to impose the recommended penalty of a 10-day license suspension; now, therefore, be it
RESOLVED, That the Tobacco Shop license held by Maryland Supermarket INC d/b/a Maryland Supermarket (License ID #20160002943) for the premises located at 444 Maryland Ave W Ste C., Saint Paul, MN 55117, is hereby suspended for ten (10) days for violation of Saint Paul Legislative Code §§ 324.07(j) and consistent with Saint Paul Legislative Code §§ 310.03(m)(3)(2), 310.04(b)(6)(a).