Title
Approving adverse action against the Cigarette/Tobacco and Gas Station License held by Dabalato LLC, d/b/a McKnight Market (License ID #20090000223) at 275 McKnight Road.
Body
WHEREAS, the Cigarette/Tobacco and Gas Station license held by Dabalato LLC d/b/a McKnight Market (License ID #20090000223) for the premises located at 275 McKnight Road in Saint Paul was the subject of a Notice of Violation sent October 24, 2019; and
WHEREAS, the Notice stated on August 14, 2019 the Minnesota Department of Revenue conducted an inspection of the licensed premises and seized contraband and flavored tobacco products in violation of Minn. Stat. §297F.21(j): and
WHEREAS, the licensing office recommended a first time matrix penalty of $500.00; and
WHEREAS, the licensee did respond to the Notice of Violation via email and requested a public hearing on November 5, 2019; and
WHEREAS, a public hearing was held on December 18, 2019 and now therefore be it
RESOLVED, that Council finds substantial and compelling reasons to deviate from the matrix penalty including a clear 10-year license history and true hardship in being denied access to the Licensed Premises due to condemnation; and
BE IT FURTHER RESOLVED, that the requested $500 matrix penalty requested of Dabalato LLC d/b/a McKnight Market (License ID #20090000223) is hereby ordered to pay amatrix penalty of $500.00 for contraband and flavored tobacco products seized by the Minnesota Department of Revenue during an inspection on August 14, 2019 is hereby stayed for 12 months on the condition that the Licensee have no same or similar violations.
Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.