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Approving adverse action against the Tobacco Shop license held by Walgreen Co. d/b/a Walgreens #02142 (License ID #20060003027) for the premises located at 1585 Randolph Avenue.
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WHEREAS, the Tobacco Shop license held by Walgreen Co. d/b/a Walgreens #02142 (License ID #20060003027) for the premises located at 1585 Randolph Avenue in Saint Paul was the subject of a Notice of Violation and Request for Imposition of $500 Matrix Penalty (Notice”) dated June 29, 2023; and
WHEREAS, the Notice stated that on June 1, 2023 and inspector form the Department of Safety and Inspections conducted an inspection of the licensed premises based on a complaint received stating the licensee was selling two (2) cigars for $3.00 in violation of Saint Paul Legislative Code §324.07 (e); and
WHEREAS, Saint Paul Legislative Code §324.07 (e) states: “No person may sell, offer for sale, or otherwise distribute cigars in original packages containing three (3) or fewer cigars for a sale price, after any coupons, multipack or buy-one/get-one promotions, or any other discounts are applied and prior to applicable sales taxes being imposed, of less than two dollars and sixty cents ($2.60) per cigar contained within”; and
WHEREAS, Saint Paul Legislative Code §310.04(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 §310.03(m)(1)(2) provides for a presumptive penalty of $500.00 for a first-time violation of a provision of the legislative code related to the licensed activity; 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 July 7, 2023, to 1) pay the $500.00 matrix penalty; 2) request a Council Hearing or 3) request an Administrative Hearing; and
WHEREAS, the licensee contacted the City Attorney’s Office on July 5, 2023 stating the $500 matrix penalty would be paid but because of the July 4th Holiday the payment would be delayed; and
WHEREAS, on July 17, 2023, the City Attorney’s Office contacted the Department of Safety and Inspections to confirm whether the $500.00 matrix penalty had been paid and was informed the payment had not received; and
WHEREAS, the Notice stated if the licensee failed to pay the $500.00 matrix penalty or request a hearing, that the matter would be placed on the City Council Agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, the Tobacco Shop license held by Walgreen Co. d/b/a Walgreens #02142 (License ID #20060003027) for the premises located at 1585 Randolph Avenue in Saint Paul is hereby ordered to pay a $500.00 matrix penalty for the sale of two (2) cigars for $3.00 in violation of Saint Paul Legislative Code §324.07 (e).
Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.