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Directing the Department of Safety and Inspections to proceed with adverse action and the imposition of a $500 matrix penalty against Grand Stop Llc d/b/a Grand Stop (License ID #130003229) for the premises located at 236 Grand Avenue.
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WHEREAS, the Tobacco Shop license (“License”) held by Grand Stop Llc d/b/a Grand Stop under (License ID #130003229) for the premises located at 236 Grand Avenue., in Saint Paul (“Licensed Premises”), which is owned by Elias Saman was the subject of adverse action pursuant to an May 7, 2025, Notice of Violation and Request for Imposition of $500 Matrix Penalty (“Notice”) (Exhibit # 1) in which the Department of Safety and Inspections (“Department”) provided notice to the Licensee to pay the $500 matrix penalty as a result of a first time underage buyer failure, and move forward with adverse action supported by Saint Paul Legislative Code §310.03; and
WHEREAS, On April 21, 2025, at 2:34 p.m. Inspector, Allan Vang conducted a Tobacco Underage Buyers Compliance Check at Grand Stop Llc d/b/a Grand Stop located at 236 Grand Avenue. A twenty-year-old male entered the store to purchase cigarettes. He was not asked to show his identification which indicated that he was underage, nor was he asked his age. Nevertheless, the clerk sold him a pack of Marlboro Light Cigarettes; and
WHEREAS, On April 23, 2025, a letter was sent to Grand Stop, Grand Stop Llc, and to Grand Holding Co Llc from DSI Inspector, Joseph Voyda. The letter was to inform the Licensee that the Department of Safety and Inspections (DSI), had recently conducted a State mandated annual inspection in the attempt to purchase tobacco products to persons under the age of 21, hired by DSI and that the Licensee had failed; and
WHEREAS, the Notice laid out the basis for adverse action and the Legislative Code upon which the Department was relying as follows:
Saint Paul Legislative Code §310.01, defines Adverse Action as: “the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application of 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.
Saint Paul Legislative Code §310.03 (m) 3 (1) (a) states:
(m) Presumptive penalties for certain violations.
1. General presumptive penalties matrix - The general penalty matrix is to be used if there is not a specific penalty matrix for the license type or a category within the specific penalty matrix does not address the violation.
3. Tobacco Presumptive Penalties Matrix - Tobacco Presumptive Penalties. Penalties for convictions or violations are presumes to be appropriate for every case; however, the council may deviate therefrom in an individual case where the council finds and determines that there exists substantial and compelling reasons making it more appropriate to do so. (Exhibit # 2)
(a) Computation of time for violations under the tobacco presumptive penalties matrix. If a violation is not covered under this penalty matrix, the general presumptive penalty matrix should be used. Except as otherwise provide by Minn. Stats. §461.12, subd. 2, subsequent tobacco violations are subject to the following:
Saint Paul Legislative Code §310.14 states:
“Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person providing entertainment or working for or on behalf of a licensee, whether compensates or not, which act or conduct takes place either on the licensed premises or in any parking lot or other area adjacent to (or under the lease or control of) the licensed premises, and which act or conduct violates any state or federal statutes or regulations, or any city ordinance, must be considered to be and treated as the act of conduct of the licensee for the purpose of adverse action against all or any of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14 and 410.09 of the Legislative Code, this section must be controlling and prevail; but must not otherwise amend, alter or affect such sections.”
Saint Paul Legislative Code §324.07(i) states:
“No holder of a license issued under this chapter, nor any employee or agent of same may sell tobacco products to a person under the age of twenty-one (21) years. Sale to persons under the age of twenty-one (21) years is prohibited.”
Minnesota Statute §461.12 Subd. 2 states:
“If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $300 for the first violation. An administrative penalty of $600 must be imposed for a second violation at the same location within 36 months after the initial violation. For a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee’s authority to sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven days and may be revoked. No suspension, revocation, or other penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing.”
WHEREAS, the Licensee had failed the Tobacco Underage Buyer Compliance Check, the Department of Safety and Inspections will recommend a $500 matrix penalty of the Tobacco Shop license application based on violation to Saint Paul Legislative Code §310.01, §310.03 (m) 3 (1) (a), §310.14, §324.07(i), and Minnesota Statute §461.12 Subd. 2.; and
WHEREAS, the Department of Safety and Inspections recommended a $500 matrix penalty; and
WHEREAS, the Notice laid out options for the Licensee:
“You have four (4) options on how to proceed:
1. If you do not contest the imposition of the proposed adverse action, you may do nothing. If I have not heard from you by May 19, 2025, I will presume that you have chosen not to contest the proposed adverse action and the matter will be placed on the City Council Consent agenda for imposition of the $500 matrix penalty.
2. You can pay the $500 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than May 19, 2025, please contact the Department immediately.
3. If you wish to admit the facts but you contest the $500 matrix penalty, you may have a hearing before the Saint Paul City Council. You will need to send me a letter with a statement admitting to the facts and requesting a Council hearing no later than May 19, 2025, the matter will then be scheduled before the City Council to determine whether to impose the $500 matrix penalty. You will have an opportunity to appear before the Council and make a statement on your own behalf.
4. If you dispute the facts outlined above, you may request a hearing before an Administrative Law Judge (ALJ). You will need to send me a letter disputing the facts and requesting an administrative hearing no later than May 19, 2025. At that hearing both you and the City will appear and present witnesses, evidence and cross-examine each other's witnesses. After receipt of the ALJ’s report (usually within 30 days), a hearing will need to be scheduled. At that time, the City Council will decide whether to adopt, modify or reject the ALJ’s report and recommendation.
WHEREAS, the Notice was sent to the licensee on March 7, 2025, and requested response by May 19, 2025, on whether the Licensee contested the proposed adverse action; and
WHEREAS, on May 20, 2025, the City Attorney’s Office contacted the Department of Safety and Inspections to confirm whether payment of the $500 matrix penalty was received and was informed that the Department of Safety and Inspections had not heard from the Licensee/or received payment; and
WHEREAS, the Notice stated if the Licensee failed to provide payment of the $500 matrix penalty to the Department of Safety and Inspections, 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 Grand Stop Llc d/b/a Grand Stop, (License ID #130003229) for the premises located at 236 Grand Avenue., Saint Paul, MN 55102, is hereby to pay the $500 matrix penalty fee to the Department of Safety and Inspections in violation of Saint Paul Legislative Codes §310.01, §310.03 (m) 3 (1) (a), §310.14, §324.07(i), and Minnesota Statute §461.12 Subd. 2.