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File #: RES 12-2164    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 12/5/2012
Title: Memorializing City Council action taken on November 7, 2012 sustaining adverse licensing action against all licenses held by Abdishakur Adbi Hassan, d/b/a Capitol Tobaccos, 152 University Avenue West.
Sponsors: Melvin Carter III
Related files: PH 12-21
Title
Memorializing City Council action taken on November 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 July 25, 2012; and

WHEREAS, the Notice alleged that the licensee exceeded the occupancy limit of 67 persons for his establishment on June 30, 2012, in violation of St. Paul Legislative Code 55.06; 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 October 2, 2012, during which the licensee stipulated and admitted to the facts and allegations in the Notice; and

WHEREAS, the Administrative Law Judge issued a Report on October 19, 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 alleged in the July 25, 2012, Notice; and

WHEREAS, the Administrative Law Judge recommended that the Council impose a $1,000 penalty on licensee for failing to maintain the approved capacity for his establishment; and

WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on November 7, 2012, at which time licensee would have an opportunity to present oral or written argument to the Council; and

WHEREAS, licensee appeared at the public hearing on November 7, 2012, and presented oral argument; and

WHEREAS, at a public hearing on November 7, 2012, Council File # PH 12-21, the Council of the City of Saint Paul considered all the evidence contained in the record, the arguments of licensee at the public hearing, the Administra...

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