Title
Approving adverse action against the Tobacco Shop license held by Garso Mini Mart d/b/a Garso Mini Mart (License ID #20180002292) for the premises located at 189 7th Street.
Body
WHEREAS, the Tobacco Shop license held by Garso Mini Mart d/b/a Garso Mini Mart (License ID #20180002292) for the premises located at 189 7th Street in Saint Paul was the subject of a Notice of Violation and Request for 10-day License Suspension (Notice”) dated November 22, 2023; and
WHEREAS, the Notice stated that on November 20, 2023, the Department of Safety and Inspections (DSI) inspected the Licensed Premises due to a flavored tobacco complaint from the Minnesota Department of Revenue (MDR); and
WHEREAS, the DSI Inspector went behind the counter in the Licensed Premises and in plain sight found flavored cigars on display on the shelf and two new box packages of flavored cigars were also found under the counter; and
WHEREAS, Saint Paul Legislative Code § 310.06(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 Code § 324.07(j) states, “[n]o person may sell, offer for slae, or otherwise distribute any flavored products, unless excepted under section 324.07(l) of this chapter”; and
WHEREAS, Saint Paul Legislative § 324.10(b)(2) provides for a presumptive penalty of a 10-day suspension for a first-time violation for displaying, possessing or multiple incidents of sales of single cigarettes or menthol tobacco products or flavored tobacco products; and
WHEREAS, the Department of Safety and Inspections recommended the imposition of a 10-Day license suspension matrix penalty; and
WHEREAS, the licensee was given until December 7, 2023, to 1) admit the imposition of the 10-day suspension matrix penalty; 2) request a Council Hearing or 3) request an Admin...
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