Title
Sustaining adverse licensing action against all licenses held by Payne EZ Market, Inc. d/b/a Payne EZ Market for the premises located at 1132 Payne Avenue.
Body
WHEREAS, Payne EZ Market, Inc., d/b/a Payne EZ Market (License ID #20150000195) (hereinafter “licensee”), received a Notice of Violation dated June 12, 2015 (hereinafter “Notice”); and
WHEREAS, the Notice alleged on May 28, 2015, the licensee sold single Camel cigarettes to a Confidential Reliable Informant (CRI) sent into the license premises by the Saint Paul Police Department; and
WHEREAS, the Notice stated that the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, licensee denied the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a Notice of Administrative Hearing was sent to all parties on July 20, 2015, scheduling the hearing before an Administrative Law Judge on August 13, 2015; and
WHEREAS, the Administrative Law Judge issued his Findings of Fact, Conclusions of Law and Recommendation on September 1, 2015, stating that the City demonstrated by a preponderance of the evidence that the licensee violated the requirements of Saint Paul Legislative Code § 324.07 (a) by selling two cigarettes outside of their original packaging; and
WHEREAS, the Administrative Law Judge also found the City had shown a sufficient basis to impose a presumptive penalty of $500.00 against the licensee; and
WHEREAS, the Administrative Law Judge then recommended the City of Saint Paul impose a $500.00 matrix penalty; and
WHEREAS, the Department of Safety and Inspections agrees with the Findings of Fact, Conclusions of Law and Recommendation submitted by the Administrative Judge and the imposition of a $500.00 matrix penalty; and
WHEREAS, the licensee was sent a Notice of Council Hearing on September 3, 2015; stating a public hearing would be held before the City Council on October 21, 2015, at which time licensee would have an opportunit...
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