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Memorializing City Council action taken August 12, 2015 sustaining adverse licensing action against all licenses held by Tom Super, LLC d/b/a Super USA for the premises located at 976 - 7th Street East in St. Paul.
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WHEREAS, Tom Super LLC, d/b/a Super USA (License ID #20090000182) (hereinafter “licensee”), received a Notice of Violation dated May 14, 2015 (hereinafter “Notice”); and
WHEREAS, the Notice alleged the licensee sold single cigarettes to a Saint Paul Police Department Confidential Reliable Informant (hereinafter “CRI”) on April 22, 2015 in violation of Saint Paul Legislative Code § 324.07 (a); and
WHEREAS, licensee denied the allegation and requested a hearing before an Administrative Law Judge; and
WHEREAS, a hearing was scheduled before an Administrative Law Judge on July 13, 2015; and
WHEREAS, the Notice of Administrative Hearing sent to the licensee on June 3, 2015, alleged an additional sale of single cigarettes to a CRI on May 28, 2015 in violation of Saint Paul Legislative Code § 324.07 (a); and
WHEREAS, due to the egregiousness of the continued violations, the licensing office recommended an upward departure to a $2,000.00 matrix penalty and a ten (10) day suspension of the Cigarette/Tobacco license; and
WHEREAS, prior to the start of the hearing the City and the licensee reached an agreement in resolution of the matter;
WHEREAS, the City and the licensee agreed that the alleged facts asserted in the Notice of Administrative Hearing, dated June 3, 2015, would constitute the Findings of Fact and the recommended penalty for the license violations would be a $1,000.00 matrix penalty and a five (5) day suspension of the Cigarette/Tobacco license; and
WHEREAS, the Administrative Law Judge issued a Report on July 14, 2015, in which he issued Findings of Fact, Conclusions of Law and Recommendation stating the parties had stipulated to the Findings of Fact and agreed to a $1,000.00 matrix penalty and a five (5) day suspension of the...
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