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File #: RES PH 12-26    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 1/18/2012
Title: Approving adverse action against the Cigarette/Tobacco license held by Elwagie Foods Corp., d/b/a MNA Food Mart, 361 Earl Street.
Sponsors: Kathy Lantry
Attachments: 1. Notice of Council Hearing.pdf, 2. Uncontested License Matter.pdf, 3. License Group Comments Text.pdf, 4. Tobacco Compliance Check Purchase Form.pdf, 5. Notice of Intent to Suspend License.pdf, 6. Request for public hearing.pdf, 7. Minn.Stat.Section 609.685.pdf, 8. SPLC Section 324.07.pdf, 9. SPLC Section 324.11.pdf, 10. MNA Food Mart licensee letter.pdf
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 Intent to Suspend License dated December 22, 2011, alleging that on December 1, 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 third violation regarding the sale of cigarettes to an underage person within the past eighteen (18) months; therefore, per Saint Paul Legislative Code § 324.11 (b) (1), the licensing office recommended a thirty (30) day suspension of the licensee's Cigarette/Tobacco license; and     
 
WHEREAS, licensee did respond to the Notice of Intent to Suspend License to request a public hearing which was held on January 18, 2012; now therefore, be it
RESOLVED, that the Cigarette/Tobacco license held by Elwagie Foods Corp. d/b/a MNA Food Mart is hereby suspended for a period of thirty (30) days.  Said suspension will begin at 12:00 a.m. Wednesday, February 8, 2012 until 12:00 p.m. Thursday, March 8, 2012.      
 
This resolution, and action taken above, is based upon facts contained in the December 22, 2011 Notice of Intent to Suspend License and the arguments made at the public hearing on January 18, 2012.       
 
 
 
 
 
 
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