Title
Approving adverse action against the Cigarette/Tobacco license held by Frank's Dairy & Deli, Inc., d/b/a Frank's Dairy & Deli, 1201 Edgerton Street.
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WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Frank's Dairy & Deli, Inc. d/b/a Frank's Dairy & Deli (License ID #20100005165) for the premises located at 1201 Edgerton Street in Saint Paul by Notice of Intent to Suspend License dated December 22, 2011, alleging that on December 1, 2011, a clerk from the licensed establishment sold tobacco products to an underage person in violation of Minn. Stat. § 609.685 Subd. 1a and Saint Paul Legislative Code § 324.07 (c); and
WHEREAS, when the inspector entered the establishment immediately after the tobacco compliance check, she also observed the clerk sell an individual cigarette to a patron in violation of Saint Paul Legislative Code § 324.07 (a);
WHEREAS, the licensing office recommended an upward departure of the penalty matrix due to the fact that a second and third violation occurred during the course of the same tobacco compliance check; and
WHEREAS, per Saint Paul Legislative Code § 324.07(b)(1), the recommendation for a third violation is a thirty (30) day suspension of the licensee's Cigarette/Tobacco license; and
WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to request a public or administrative hearing; and
WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to request a public or administrative hearing by January 2, 2012, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that the Cigarette/Tobacco license held by Frank's Dairy & Deli, Inc. d/b/a Frank's Dairy & Deli is hereby suspended for a period of thirty (30) days. Said suspension will begin at 12:00 a.m. Wednesday, February 15, 2012 until 12:00 p.m. Thursday, March 15, 2012.