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File #: RES PH 21-300    Version: 1
Type: Resolution-Public Hearing Status: Archived
In control: City Council
Final action: 11/17/2021
Title: Considering the recommendation and order on Motion for Summary disposition submitted by the Administrative Law Judge concerning the cigarette/tobacco license held by Zakariya Abukhudeer, d/b/a The One Stop Market, LLC at 1541 Maryland Avenue East.
Sponsors: Nelsie Yang
Attachments: 1. September 10, 2020 Notice of Violation and Request for Upward Departure to Third Box, 2. Summary of Violation from June 5, 2020 video, 3. June 5, 2020 letter requesting June 1, 2020 video, 4. Email from Eric Hudak to The One Stop Market, 5. License Group Conditions Text for One Stop Market, 6. April 27, 2020 letter from DSI Kris Schweiler requesting March 30, 2020 video from One Stop Market, 7. May 4, 2020 email from Zakariya Abukhudeer to Kris Schweinler about March 30, 2020 video, 8. Saint Paul Police Report 20076456, 9. STAMP Ownership Zoning Information, 10. Properties for Licensee Contact from EClips system, 11. Saint Paul Police Report from Sgt Stanway CN 20062710, 12. Saint Paul Police Department Address-Intersection Report One Stop, 13. Affidavit of Service for September 10, 2020 Notice of Violation, 14. March 2, 2021 Amended Notice of Violation and Request for Upward Departure to revocation, 15. Photo Stills from June 1, 2020 video One Stop Market 2, 16. Photo Stills from June 1, 2020 video One Stop Market 3, 17. Photo Stills from June 1, 2020 video One Stop Market 1, 18. Joseph Voyda March 1, 2021 Report of June 1, 2020 video, 19. Photo Stills referenced in Joseph Voyda March 1, 2021, 20. Saint Paul Police Report 20145047, 21. Saint Paul Police Report 20144580, 22. Saint Paul Legislative Code Section 310, 23. Saint Paul Legislative Code Section 324.07 Sales Prohibited, 24. MN Stat. 144.414 144.416 Ramsey County Ordinance B2015-302, 25. Affidavit of Eric Hudak for One Stop Market, 26. Signed and Notarized Affidavit of James Legierski for One Stop Market, 27. Signed and Notarized Affidavit of Peter Baldwin, 28. Signed and Notarized Affidavit of Joseph Voyda, 29. Affidavit of Sergeant Rob Stanway, 30. Affidavit of Dillon Marquis, 31. OSM Video 6-1-20 Part 1, 32. OSM Video 6-1-20 Part 1.2, 33. One Stop Market video 6-1-20 Part 1.3, 34. One Stop Market video 6-1-20 Part 1.4, 35. OSM Video 6-1-20 Part 1.5, 36. OSM Video 6-1-20 Part 1.6, 37. OSM Video 6-1-20 Part 1.7, 38. One Stop Market video 6-1-20 Part 2, 39. One Stop Market video 3-30-20, 40. Information Memo to Council, 41. Motion to Certify Order to Council, 42. Recommendation and Order on Motion
Title
Considering the recommendation and order on Motion for Summary disposition submitted by the Administrative Law Judge concerning the cigarette/tobacco license held by Zakariya Abukhudeer, d/b/a The One Stop Market, LLC at 1541 Maryland Avenue East.

Body
WHEREAS, Zakariya Abukhudeer, d/b/a The One Stop Market, LLC (“Licensee”), holds a cigarette/tobacco license under License ID #20190001624 (“License”) for the premises located at 1541 Maryland Avenue East in Saint Paul (“Licensed Premises”); and


WHEREAS, on September 10, 2020, the City, by and through its Department of Safety and Inspections, sent a Notice of Violation (“Notice”) to the Licensee; and


WHEREAS, the Notice alleged that the Licensee sold single cigarettes and flavored tobacco products in violation of sections 324.07(a) and (f) of the Saint Paul Legislative Code; and


WHEREAS, the Notice further alleged that the Licensee allowed patrons to smoke cigarettes inside of the Licensed Premises in violation of the Minnesota Clean Indoor Air Act and section 310.06(b)(6)(a) of the Saint Paul Legislative Code; and


WHEREAS, the Notice further alleged that the Licensee violated License condition #3 and section 310.06(b)(6) of the Saint Paul Legislative Code by failing to properly maintain his surveillance equipment and by failing to provide a copy of surveillance video footage as requested by the City; and


WHEREAS, the Notice further alleged that the Licensee violated License condition #2 and sections 310.06(b)(5)-(8) of the Saint Paul Legislative Code based on the following incidents:

March 30, 2020 Assault and shots fired in parking lot
June 1, 2020 Crowd of individuals fighting in store
July 20, 2020 Large group of males gambling outside store


which occurred on and near the Licensed Premises; an...

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