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File #: RES PH 20-84    Version:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 3/18/2020
Title: Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and upwardly departing to revocation of the Cigarette/Tobacco and Gas Station licenses held by Midway University & Hamline LLC, d/b/a Midway Amoco BP at 1347 University Avenue West.
Sponsors: Mitra Jalali
Attachments: 1. Notice of Violation and Recommendation for upward depature to revocation, 2. Signature Copy of RES 1273 adopted by City Council 7-24-19, 3. ECLIPS Screenshots showing Licensee information, 4. Signed License Conditions, 5. State Business Record Detail, 6. STAMP Property Ownership information, 7. Saint Paul Police Reports CN 19086028, 8. 5-1-19 letter from Kristina Schweinler to Midway Amoco BP requesting video for 4-27-19, 9. Inspectors report and supporting documentation from 6-12-19 tobacco youth compliance failure and exchange of single cigarettes, 10. Saint Paul Police report CN 19128009 which also outlines CN 19115335 19115394 19128086 19128132 dated 6-19-19, 11. Saint Paul Police report CN 1913445 Sergant Rigo Aquirre report and still photos from BWC, 12. Sgt. Aguirre redacted, 13. 6-18-19 letter from Eric Hudak to Midway Amoco BP requesting video for 6-12-19, 14. 6-20-19 Note to file from Eric Hudak with photos, 15. Saint Paul Police Report CN 18198767, 16. Letter from licensee requesting an ALJ hearing received by CAO on 8-6-19, 17. Notice of Violation dated 3-12-19, 18. 3-15-19 letter from licensee requesting an ALJ hearing, 19. ALJs findings of fact, Conclusion of Law and Recommendation Upon Default, 20. Midway Amoco BP license History, 21. CCTV recovered by Sgt. Vang-Sticler from Hamline and University EX 21-1, 22. CCTV recovered by Sgt. Vang-Sticler from Hamline and University EX 21-2, 23. Photos stills from Hamline and University Street Camera recovered by Sgt Vang-Sticler CN 19128009, 24. Facebook video 1, 25. Facebook video 2, 26. Saint Paul Police Department Address report from 4-26-19 to 7-26-19 and dot map, 27. Pioneer Press Article about Midway Amoco BP dated 9-21-19, 28. Pioneer Press Article about Midway Amoco BP dated 10-8-19, 29. 6-20-19 email from Eric Hudak to Khal Aloul regarding non appearance at meeting, 30. Kare 11 news article 10-6-19, 31. Kare11 video, 32. Exhibit 29- Withdrawn, 33. Saint Paul Police Report CN 19195720 19189375 19168652 19199779 19230672 19197883 19197575 19200721 19215282 19193877 19197934 19193764 19197266 19190223, 34. ALJ recording Part 1, 35. ALJ recording Part 2, 36. ALJ recording Part 3, 37. City's Closing Argument, Licensee post hearing brief, City's response to post hearing brief, 38. Findings of fact, Conclusion of law, and Recommendation from ALJ- EX 33, 39. Licensee's Proposed Resolutions - License ID# 20100000243 - Midway University Hamline Prop LLC, 40. Neighbor emails, 41. Signature Copy, 42. Signature Copy
Title
Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and upwardly departing to revocation of the Cigarette/Tobacco and Gas Station licenses held by Midway University & Hamline LLC, d/b/a Midway Amoco BP at 1347 University Avenue West.
Body
WHEREAS, the Cigarette/Tobacco and Gas Station licenses held by Midway University & Hamline LLC d/b/a Midway Amoco BP for the premises located at 1347 University Avenue West (“Licensed Premises”) were the subject of a Notice of Violation and Recommendation for Upward Departure to Revocation (“NOV”) by the Department of Safety and Inspections for the City of Saint Paul (“City”) on July 26, 2019, herein incorporated as Exhibit 1-1 through 1-7; and
WHEREAS, the NOV outlined the City’s basis for the recommendation for adverse action and upward departure to revocation; and
WHEREAS, the NOV detailed that this was the second adverse action against the license in a twelve (12) month period, the previous violation stemming from the seizure of items deemed contraband by the Minnesota Department of Revenue in which the Licensee was found to be in default and the allegations deemed proven after he failed to appear at a July 16, 2019 hearing; and
WHEREAS, under the penalty matrix in Chapter 310.05 (m) of the Legislative Code the presumptive penalty for a second violation within twelve (12) months is a fine of $1,000.00; and
WHEREAS, Saint Paul Legislative Code section 310.05 (m) provides “the council may deviate [from a presumptive penalty] in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate; and
WHEREAS, the NOV alleged that the Licensee violated city ordinances by:
· selling single cigarettes outside of their original packaging;
...

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