Title
Approving adverse action against the Cigarette/Tobacco license held by M Z R Family, LLC, d/b/a Payne Ave's Shop-N-Go, 1050 Payne Avenue.
Body
WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by M Z R Family, LLC d/b/a Payne Ave's Shop-N-Go (License ID #20100001380) for the premises located at 1050 Payne Avenue in Saint Paul by Notice of Violation dated April 12, 2012, alleging that on March 12, 2012, 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 within the past year regarding the sale of cigarettes to an underage person, so pursuant to Saint Paul Legislative Code § 324.11 (b) (1), the licensing office recommended a $400.00 matrix penalty; and
WHEREAS, on April 23, 2012, the City Attorney's Office received a faxed letter from the licensee's attorney requesting a public hearing to contest the $400.00 matrix penalty which was held on May 16, 2012; now, therefore, be it
RESOLVED, that M Z R Family, LLC d/b/a Payne Ave's Shop-N-Go is hereby ordered to pay a $400.00 matrix penalty for the sale of tobacco products to an underage person in violation of Minn. Stat. § 609.685 Subd. 1a and Saint Paul Legislative Code § 324.07 (c). Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.
This resolution, and action taken above, is based upon facts contained in the April 12, 2012, Notice of Violation sent to the licensee and the arguments made at the public hearing on May 16, 2012.