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File #: RES 19-1273    Version: 1 Name:
Type: Resolution Status: Passed
In control: City Council
Final action: 7/24/2019
Title: Adopting the Findings of Fact, Conclusions of Law and Recommendation Upon Default submitted by the Administrative Law Judge on July 17, 2019 for the Cigarette/Tobacco license held by Midway University & Hamline LLC d/b/a Midway Amoco BP for the premises located at 1347 University Avenue West and impose costs pursuant to Legislative Code §310.05(k).
Sponsors: Mitra Jalali
Attachments: 1. Midway Amoco BP Exhibits, 2. OAH 5-6020-36135 Default Order
Title
Adopting the Findings of Fact, Conclusions of Law and Recommendation Upon Default submitted by the Administrative Law Judge on July 17, 2019 for the Cigarette/Tobacco license held by Midway University & Hamline LLC d/b/a Midway Amoco BP for the premises located at 1347 University Avenue West and impose costs pursuant to Legislative Code §310.05(k).

Body

WHEREAS, Midway University & Hamline LLC d/b/a Midway Amoco BP located 1347 University West (License ID #20100000243) (hereinafter “Licensee”), received a Notice of Violation dated March 12, 2019 (hereinafter “Notice”); and
WHEREAS, the Notice alleged that on November 13, 2018, the Department of Safety and Inspections (“DSI”) was contacted by the Minnesota Department of Revenue concerning flavored tobacco products that they discovered during an inspection of the licensed premises; and
WHEREAS, the Notice further alleged that the reports and information provided by the Minnesota Department of Revenue contained photographs of flavored products recovered on the Licensed Premises in violation of Saint Paul Legislative Code § 324.07 (f); and

WHEREAS, the Notice stated that DSI was recommending a $500.00 matrix penalty; and
WHEREAS, the Notice also stated that if the Licensee selected to have an administrative hearing, DSI reserved the right to request that the City Council impose the costs of the administrative hearing per Saint Paul Legislative Code §310.05(k); and
WHEREAS, the Licensee disputed the allegations and requested a hearing before an Administrative Law Judge; and
WHEREAS, a pre-hearing conference was held on June 14, 2019 with both the Licensee and the Administrative Law Judge; and
WHEREAS, during the pre-hearing conference a date of July 16, 2019 was set for the administrative hearing and a Notice of Administrative Hearing was sent to all parties on July 3, 2019; and
WHEREAS, the Notice of Administrative Hearing stated that the administrative hearing was scheduled before an Administrative ...

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