Title
Approving adverse action against the Cigarette/Tobacco License held by Moundsview Retail Inc., d/b/a Mounds Park Market (License ID #20170000776) at 241 Earl Street.
Body
WHEREAS, the Cigarette/Tobacco license held by Moundsview Retail Inc. d/b/a Mounds Park Market (License ID #20170000776) for the premises located at 241 Earl Street in Saint Paul was the subject of a Notice of Violation sent June 27, 2019; and
WHEREAS, the Notice stated that during a cigarette/tobacco and price compliance check on April 12, 2019, a DSI Inspector observed Hemp Zone Wraps: Kush, Bee Berry and Jamaican Buzz in violation of Saint Paul Legislative Code § 324.07 (f); and
WHEREAS, per Saint Paul Legislative Code § 310.05 (m) (2), the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, the licensee did respond to the Notice of Violation matrix via email and requested a public Hearing on August 27, 2019; and
WHEREAS, a public hearing was held on October 2, 2019 and
WHEREAS, the Licensee appeared and explained to Council that his distributor had told him that Hemp Zone Wraps: Kush, Bee Berry and Jamaican Buzz were not flavored products; and
WHEREAS, the Licensee showed a copy of an invoice from his distributor that showed he returned the prohibited flavored products and received a refund; and
WHEREAS, Council believed that based on the testimony of the Licensee there had been a case of genuine confusion; now therefore be it
RESOLVED, that the $500 matrix penalty requested by the licensing office against Moundsview Retail Inc. d/b/a Mounds Park Market (License ID #20170000776) for the premises located at 241 Earl Street is hereby suspended for 12 months as long as there are no same or similar violations. ordered to pay a $500.00 matrix penalty for the Hemp Zone Wraps: Kush, Bee Berry and Jamaican Buzz.
Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.