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File #: RES PH 21-121    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 5/19/2021
Title: Approving adverse action against the Cigarette/Tobacco License held by Mahdi LLC, d/b/a East Market Grocery and Tobacco (License ID #20200001880), at 913 Payne Avenue.
Sponsors: Nelsie Yang
Attachments: 1. NOV, East Market Grocery, 2. Email from Licensee requesting public hearing, 3. RES PH 21-121 - Jeanne Weigum-Association for Nonsmokers, 4. RES PH 21-121 - Jeanne Weigum-Association for Nonsmokers-attachment, 5. Public Comment_RES 21-121_Tiffany Pao Yang_19May2021
Title
Approving adverse action against the Cigarette/Tobacco License held by Mahdi LLC, d/b/a East Market Grocery and Tobacco (License ID #20200001880), at 913 Payne Avenue.

Body
WHEREAS, the Cigarette/Tobacco license held by Mahdi LLC d/b/a East Market Grocery and Tobacco (License ID #20200001880) at 913 Payne Avenue in Saint Paul was the subject of a Notice of Violation and Request for Upward Departure to $1000 matrix penalty sent April 16, 2021; and


WHEREAS, the Notice stated that during a complaint based inspection on March 3, 2021, a DSI Inspector observed and documented with photographs ‘Hemp Zone’- Banana, Grape, Wet & Fruity, Bee Berry, Russian Gem, and Kiwi Strawberry/’High Hemp’- Bananagoo, Grapeape, Regular, Dutch Cream, Blazin Cherry and Hydrolemonade/’Lit’ - Georgia Peach, Paradise Express and Russian Cream/’American Spirits’ - Black (Perique)/’KoKo Nuggz’ CBD - Patty Cake/’Pure Hemp’ - Elektra/’Moon Rock’ Strawberry, Mango, Mint, Pepper Lemon and Sour Mango/’Urb’ - Strawberry Shortcake, Twisted Citrus and Chill Indica in violation of Saint Paul Legislative Code § 324.07 (f); and


WHEREAS, Pre-packaged drug kits namely, small rose pipes with copper wool was also found on the license premises; and


WHEREAS, due to the amount of flavored tobacco products and the pre-packaged drug kits found being offered for sale the City of Saint Paul Department of Safety and Inspections requested an upward departure from the first to the second box on the penalty matrix as laid out in Saint Paul Legislative Code § 310.05(m)(2) which is a $1,000.00 fine; and


WHEREAS, On April 29, 2021 the licensee responded to the Notice of Violation via Electronic delivery and requested a public hearing which was held on; now, therefore, be it.


RESOLVED, Mahdi LLC d/b/a East Market Grocery and Tobacco (License ID #20200001880) for the premises located at 913 Payne Avenue is hereby ordered to pay a $1000.00 matrix penalty for the ‘Hemp Zone’- Banana, Grape, We...

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