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Considering and adopting the Order on Cross Motions for Summary Disposition of the Administrative Law Judge and imposing the presumptive matrix penalty for a first violation, suspending the licenses held by Majid Nitaishoon d/b/a MJ Market, located at 922 Thomas Avenue, for 10 days in accordance with Legislative Code §324.10.
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WHEREAS, on June 10, 2022, the tobacco shop license (“License”) held by Majid Nitaishoon d/b/a MJ Market (“Licensee”) for the premises located at 922 Thomas Avenue in the City of Saint Paul (“Licensed Premises”) was the subject of a Notice of Violation (“Notice”) (herein incorporated as Exhibit 1) and request for revocation based on a second tobacco related violation related to the sale of prohibited flavors under the penalty matrix laid out in Saint Paul Legislative Code §324.10; and
WHEREAS, the Notice outlined the Department’s basis for the recommendation for adverse action and request for imposition of the presumptive penalty of revocation; and
WHEREAS, the Department’s basis for the recommendation of a second matrix penalty included a prior adverse action from August 3, 2021 in which the Department conducted a youth tobacco compliance check at the Licensed Premises which resulted in a failure as the clerk at the Licensed Premises sold a pack of cigarettes to an individual who was under the age of 21; and
WHEREAS, the Notice detailed a May 6, 2022, complaint inspection in which Inspector Joseph Voyda conducted an inspection in response to a complaint that flavored tobacco products were being sold at the Property. When he arrived at the store, Inspector Voyda observed the following tobacco products for sale in the store behind the counter:
2 boxes of Dutch - Sweet Fusion cigarellos
2 Cartons of American Spirits - Black cigarettes
1 box of individual singles of Black & Mild Casino wood tip cigars
31 varieties of vape pens; and
WHEREAS, the Notice further detailed that this was the second adverse action against the...
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