Title
Approving adverse action against the Cigarette/Tobacco license held by Elwagie Foods Corp. d/b/a MNA Food Mart, 361 Earl Street.
Body
WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Elwagie Foods Corp. d/b/a MNA Food Mart (License ID #20080000534) for the premises located at 361 Earl Street in Saint Paul by Notice of Violation dated April 29, 2011, alleging that on April 12, 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, this was the second violation regarding the sale of cigarettes to an underage person since December 14, 2010, so per Saint Paul Legislative Code § 324.11 (b) (1), the licensing office recommended a $400.00 matrix penalty; and
WHEREAS, licensee did not respond to the Notice of Violation to pay the $400.00 matrix penalty or request a hearing; and
WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $400.00 matrix penalty or request a hearing by May 9, 2011, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that Elwagie Foods Corp. d/b/a MNA Food Mart is hereby ordered to pay a matrix penalty of $400.00 for the sale of cigarettes to an underage person on April 12, 2011. Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.