Title
Memorializing City Council action taken on March 7, 2012 sustaining adverse licensing action against all licenses held by Abdishakur Adbi Hassan, d/b/a Capitol Tobaccos, 152 University Avenue West.
Body
WHEREAS, Abdishakur Adbi Hassan d/b/a Capitol Tobaccos (License ID # 20100002036) located at 152 University Avenue West in Saint Paul received a Notice of Violation dated November 7, 2011; and
WHEREAS, the Notice alleged that the licensee failed to maintain the approved capacity of his establishment on October 15, 2011 in violation of St. Paul Legislative Code 55.06; and
WHEREAS, licensee is permitted to have a maximum of 67 persons on its premises at any one time; and
WHEREAS, licensee denied all the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a hearing was held before an Administrative Law Judge on December 23, 2011, at which each party presented testimony; and
WHEREAS, the Administrative Law Judge issued a Report on January 31, 2012, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and
WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had committed the violation in the November 7, 2011 Notice of Violation; and
WHEREAS, the Administrative Law Judge also found that the recommendation by the Department of Safety and Inspections of a $500 fine against the license held by licensee was consistent with the penalty matrix in Chapter 310 of the Legislative Code; and
WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on March 7, 2012 at which time licensee would have an opportunity to present oral or written argument to the Council; and
WHEREAS, licensee did not appear at the public hearing on March 7, 2012 nor did licensee file any exceptions to the report of the Administrative Law Judge; and
WHEREAS, at a public hearing on March 7, 2012, Coun...
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