Title
Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation Upon Default submitted by the Administrative Law Judge concerning the Cigarette/Tobacco license held by Dahir Wako, d/b/a 7th Grocery at 43 - 7th Street West.
Body
WHEREAS, Dahir Wako d/b/a 7th Grocery for the premises located at 43 -7th Street West (License ID #20140002629) (hereinafter “licensee”), received a Notice of Violation dated December 28, 2017 (hereinafter “Notice”); and
WHEREAS, the Notice alleged that on December 21, 2017, an inspector from the Department of Safety and Inspections (DSI) was contacted by the Minnesota Department of Revenue concerning flavored tobacco products they discovered during an inspection of the licensed premises; and
WHEREAS, the inspector came to the licensed premises that same day and documented with a photograph four (4) boxes of flavored tobacco products on display for sale in violation of Saint Paul Legislative Code § 324.07 (f); and
WHEREAS, the Notice stated that the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, licensee disputed the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a Notice of Administrative Hearing was sent to all parties on January 12, 2018, scheduling the hearing before an Administrative Law Judge on February 8, 2018; and
WHEREAS, the licensee did not appear for the administrative hearing on February 8, 2018 or request a continuance; and
WHEREAS, the Administrative Law Judge stated that she would wait two (2) weeks before issuing her final report to allow the licensee time to contact either her or the city attorney with an explanation of why he failed to appear; and
WHEREAS, the licensee failed to contact either the Administrative Law Judge or the city attorney within the two week extension; and
WHEREAS, the Administrative Law Judge issued her Findings of Fact, Conclusions of Law and Recommendation Upon Default on March 2, 2018, stating tha...
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