Title
Approving adverse action against the Tobacco Products Shop license held by White Bear Tobacco Market Place Inc. d/b/a White Bear Tobacco (License ID #20140001994) for the premises located at 1662 White Bear Avenue.
Body
WHEREAS, the Tobacco Products Shop license held by White bear Tobacco Market Place Inc. d/b/a White Bear Tobacco (License ID #20140001994) for the premises located at 1662 White Bear Avenue 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 September 22, 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 August 23, 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 purchased a Loon Maxx Bowzer Berry Vape Pen without being asked her age or for identification which would have indicated she was underage; 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 reasonable 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 2, 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 2, 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 2, 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 White bear Tobacco Market Place Inc. d/b/a White Bear Tobacco (License ID #20140001994) for the premises located at 1662 White Bear Avenue 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 August 23, 2023.
Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.