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File #: RES 14-1441    Version: 1
Type: Resolution Status: Archived
In control: City Council
Final action: 8/27/2014
Title: Approving adverse action against the Cigarette/Tobacco license held by Super KM 99 Cents Plus, Inc., d/b/a Dragon Dollar Plus at 315 University Avenue West, Unit C. (To be withdrawn.)
Sponsors: Dai Thao
Attachments: 1. Notice of Violation with Affidavit of Service.pdf, 2. Letter to licensee regarding fine payment dated July 30th 2014.pdf, 3. Minn.Stat.Section 609.685, 4. SPLC Section 324.07, 5. SPLC Section 324.11
Title
Approving adverse action against the Cigarette/Tobacco license held by Super KM 99 Cents Plus, Inc., d/b/a Dragon Dollar Plus at 315 University Avenue West, Unit C. (To be withdrawn.)

Body
WHEREAS, the Cigarette/Tobacco license held by Super KM 99 Cents Plus, Inc. d/b/a Dragon Dollar Plus (License ID #20130001045) for the premises located at 315 University Avenue West, Unit C in Saint Paul was the subject of a Notice of Violation dated July 7, 2014, stating that on June 30, 2014, a clerk sold Camel Crush Menthol cigarettes to an underage person in violation of Minn. Stat. § 609.685 Subd. 1a and Saint Paul Legislative Code § 324.07 (c); and

WHEREAS, this is the second (2nd) violation for the sale of cigarettes to an underage person, within twenty-four (24) months; therefore, per Saint Paul Legislative Code § 324.11 (b) (1), the licensing office recommended an $400.00 matrix penalty; and

WHEREAS, licensee responded to the Notice of Violation by a call the City Attorney's Office to request a reduction in the penalty; and

WHEREAS, a letter was sent to the licensee on July 30, 2014, explaining the adverse action process and that she would need to send DSI a letter requesting a public hearing before City Council in order to be considered for a reduction in the penalty: and

WHEREAS, the licensee failed to respond to the letter to either pay the $400.00 matrix penalty or request a public or administrative hearing:

WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $400.00 matrix penalty or request a public or administrative hearing by July 18, 2014, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it

RESOLVED, Super KM 99 Cents Plus, Inc. d/b/a Dragon Dollar Plus is hereby ordered to pay a matrix penalty of $400.00 for sale of cigarettes to an underage person on June 30, 2014. Payment of such penalty shall be made within thirty (30) days of the date of the...

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