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Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and upwardly departing to revocation of the Cigarette/Tobacco and Gas Station licenses held by Midway University & Hamline LLC, d/b/a Midway Amoco BP at 1347 University Avenue West.
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WHEREAS, the Cigarette/Tobacco and Gas Station licenses held by Midway University & Hamline LLC d/b/a Midway Amoco BP for the premises located at 1347 University Avenue West (“Licensed Premises”) were the subject of a Notice of Violation and Recommendation for Upward Departure to Revocation (“NOV”) by the Department of Safety and Inspections for the City of Saint Paul (“City”) on July 26, 2019, herein incorporated as Exhibit 1-1 through 1-7; and
WHEREAS, the NOV outlined the City’s basis for the recommendation for adverse action and upward departure to revocation; and
WHEREAS, the NOV detailed that this was the second adverse action against the license in a twelve (12) month period, the previous violation stemming from the seizure of items deemed contraband by the Minnesota Department of Revenue in which the Licensee was found to be in default and the allegations deemed proven after he failed to appear at a July 16, 2019 hearing; and
WHEREAS, under the penalty matrix in Chapter 310.05 (m) of the Legislative Code the presumptive penalty for a second violation within twelve (12) months is a fine of $1,000.00; and
WHEREAS, Saint Paul Legislative Code section 310.05 (m) provides “the council may deviate [from a presumptive penalty] in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate; and
WHEREAS, the NOV alleged that the Licensee violated city ordinances by:
· selling single cigarettes outside of their original packaging;
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