Title
Approving adverse action against all licenses held by Berhan, Inc., d/b/a Berhan Tobacco & Grocery at 492 Asbury Street.
Body
WHEREAS, all licenses held by Berhan, Inc. d/b/a Berhan Tobacco & Grocery (License ID# 20150002430) for the premises located at 492 Asbury Street in Saint Paul were the subject of a Notice of Violation dated October 14, 2016; and
WHEREAS, the Notice stated that a Confidential Reliable Informant (CRI) was able to purchase two (2) single Newport cigarettes, a drug pipe and a chore-boy smoking pad during a controlled buy conducted by Saint Paul Police on October 6, 2016 (CN #16-204-892) in violation of Saint Paul Legislative Code § 324.07(a); and
WHEREAS, per Saint Paul Legislative Codes § 310.05 (m) (2), the licensing office recommended a $500.00 matrix penalty and, in addition, imposition of five (5) new license conditions; and
WHEREAS, the licensee responded to the Notice of Violation to request a public hearing which was scheduled for December 7, 2016; now therefore, be it
RESOLVED, Berhan, Inc. d/b/a Berhan Tobacco & Grocery is hereby ordered to pay a $500.00 matrix penalty for the sale of two (2) single Newport cigarettes to a CRI during a controlled buy conducted by Saint Paul Police on October 6, 2016.
Payment of such penalty shall be made within thirty (30) days of the date of the adoption
of this resolution.
FURTHER RESOLVED, the following recommended license conditions will be placed on the license:
2. The sale of tobacco products at this store shall comply with Chapter 324 of the City of Saint Paul Legislative Code and shall be limited to packaged cigarettes, cigars, smokeless tobacco, lighters, and cigarette paper intended for use as a wrapper cover for tobacco products.
3. None of the following items shall be sold at the store: Diluents and adulterants; separation gins and sifters; hypodermic syringes or needles; metal, wooden, acrylic, glass, stone, plastic or ceramic pipes; permanent screens, ha...
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