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Memorializing City Council action taken on February 2, 2010 sustaining adverse licensing action against all licenses held by MW # 1 Inc., d/b/a Corner Meats and Grocery located at 516 Rice Street in the City of Saint Paul.
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WHEREAS, MW # 1 Inc., d/b/a Corner Meats and Grocery (License ID # 20090000931) (hereinafter licensee) located at 516 Rice Street in Saint Paul received a Notice of Violation dated October 20, 2010 (hereinafter Notice); and
WHEREAS, the Notice alleged a violation of law related to the licensed activity for violation of the Clean Indoor Air act; and
WHEREAS, licensee denied all the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a hearing was held before an Administrative Law Judge on December 2, 2010, at which each party was represented by Counsel and presented testimony; and
WHEREAS, the Administrative Law Judge issued a Report on December 23, 2010, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and
WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had committed the violation in the Notice, but found that the Saint Paul Legislative Code did not call for a penalty; and
WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on February 2, 2011 at which time licensee would have an opportunity to present oral or written argument to the Council; and
WHEREAS, licensee did not file any exceptions to the report of the Administrative Law Judge; and
WHEREAS, the Department of Safety and Inspections filed exceptions to the report of the Administrative Law Judge; and
WHEREAS, at a public hearing on February 2, 2010, Council File # PH 11-1, the Council of the City of Saint Paul considered all the evidence contained in the record, the arguments of licensees attorney at the public hearing, the Administrative Law Judges Findings of Fact, Conclusions of Law, and Recommendations and the exceptions filed by the Department of Safety and Inspections; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul issues this decision based upon consideration of the record of the entire proceedings herein, including the hearing before the Administrative Law Judge, all the documents and exhibits introduced therein, the Findings of Fact, Conclusions of Law and Recommendation as referenced above, the exceptions filed by the Department of Safety and Inspections, and the deliberations of the council in open session of that hearing; and be it
FURTHER RESOLVED, that the Findings of Fact of the Administrative Law Judge issued on December 23, 2010 in this matter are hereby adopted as the Findings of the City Council in this matter and be incorporated herein by reference; and be it
FURTHER RESOLVED, that the Conclusions of Law of the Administrative Law Judge issued on December 23, 2010, with the exception of Conclusions number 13, 14, 15, 16, 17, 18, 19, and 20 in this matter are hereby adopted as the Findings of the City Council in this matter and be incorporated herein by reference; and be it
FURTHER RESOLVED, that the Conclusion of Law number 13 be replaced with the following Conclusion of law:
13. The City may take adverse licensing action for a violation of the Minnesota Clean Indoor Air Act, as provided in Chapter 310.06(b)(6)(a) of the Saint Paul Legislative Code because the Clean Indoor Air Act is a statute that is reasonably related to the licensed activity.
and be it
FURTHER RESOLVED, that Conclusion of Law number 14 be replaced with the following Conclusion of Law:
14. The penalty matrix contained in Chapter 310.05(m) calls for a fine of $1,000.00 because licensee has a prior violation of the Saint Paul Legislative Code within twelve (12) months of the current violation.
and be it
FURTHER RESOLVED, that the Council finds substantial and compelling reasons to deviate from the penalty matrix recommended penalty of a fine of $1000.00 because licensees establishment has been closed due to a condemnation of the building; and be it
FURTHER RESOLVED that the $1,000.00 fine is hereby waived by the Council; and be it
FINALLY RESOLVED, that the Findings of Fact and Conclusions of Law of the Administrative Law Judge in this matter, as amended above, are hereby adopted as the Findings and Conclusions of the City Council in this matter.
A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the license holder.