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Sustaining adverse licensing action against the Second Hand Dealer - Motor Vehicle license held by Fleetwood Motors, LLC d/b/a Fleetwood Motors for the premises located at 550 Como Avenue in Saint Paul.
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WHEREAS, Fleetwood Motors, LLC d/b/a Fleetwood Motors (License ID #20150000001) (hereinafter “licensee”), received a Notice of Violation dated May 20, 2015 (hereinafter “Notice”); and
WHEREAS, the Notice alleged that an inspector from the Department of Safety and Inspections came to the licensed premises for an inspection on April 22, 2015 and again on May 4, 2015 and found violations to license conditions 1, 4 and 7; and
WHEREAS, the Notice stated that the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, licensee denied the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a Notice of Administrative Hearing was sent to all parties on July 2, 2015, scheduling the hearing before an Administrative Law Judge on August 3, 2015; and
WHEREAS, the Administrative Law Judge issued her Findings of Fact, Conclusions of Law and Recommendation on August 31, 2015, stating that on April 22, 2015 the licensee violated license conditions 1,4 and 7 by: 1) having nine vehicles, rather than eight parked in the vehicle display area and partially occupying the adjacent area that the site plan indicates be kept clear; 2) by having four vehicles parked in the customer parking area and 3) parking one for-sale vehicle in the public right-of-way; and
WHEREAS, the Administrative Law Judge also stated that on May 4, 2014, the licensee violated license conditions 1 and 4 by having nine vehicles parked in the vehicle display area and partially obstructing the adjacent drive lane; and
WHEREAS, the Administrative Law Judge recommended that the Saint Paul City Council impose a $500.00 matrix penalty for the license condition violations; and
WHEREAS, the licensee was sent a Notice of Council Hearing on September 3, 2015; stating a public hearing would be held before the City Council on October 21, 2015, at which time licensee would have an opportunity to present oral or written arguments to the Council; and
WHEREAS, the licensee submitted a letter in which he stated that did not wish to contest the Administrative Law Judge’s report or the recommended imposition of a $500.00 matrix penalty; and
WHEREAS, the Department of Safety and Inspections agrees with the Findings of Fact, Conclusions of Law and Recommendation submitted by the Administrative Law Judge and the imposition of a $500.00 matrix penalty; and
WHEREAS, City Council has reviewed the Administrative Law Judge’s Findings of Fact, Conclusions of Law and Recommendation and finds the report to be without error and the penalty appropriate, now therefore be it
RESOLVED, the Findings of Fact Conclusions of Law and Recommendation issued by the Administrative Law Judge on August 31, 2015, are hereby adopted as the Findings and Conclusions of the City Council in this matter and be incorporated herein by reference.
A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the license holder.