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Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and request of the Department of Safety and Inspections for imposition of $500 matrix penalty against the Cigarette/Tobacco - Product Shop license held by Reemo Corp., d/b/a Rice Street Tobacco, at 1196 Rice Street.
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WHEREAS, the Cigarette/Tobacco - Product Shop license (“License”) held by Reemo Corp., d/b/a Rice Street Tobacco (“Licensee”), for the premises located at 1196 Rice Street in Saint Paul (“Licensed Premises”) was the subject of a Notice of Violation (“Notice”) dated December 3, 2021; and
WHEREAS, the Notice alleged that, on November 8, 2021, the Department of Safety and Inspections (“DSI”) received a Notice of Seized Contraband from the Minnesota Department of Revenue (“MDR”) concerning an inspection of the Licensed Premises on August 11, 2021; and
WHEREAS, the Notice of Seized Contraband stated that five (5) unstamped packages of Djarum Black filtered little cigars were found to be offered for sale and were seized as contraband under the authority granted in Minnesota Statutes section 297F.21(a); and
WHEREAS, Saint Paul Legislative Code section 310.06(b)(6)(a) provides that the City may take adverse action against a license where the licensee “has violated . . . any of the provisions of . . . any statute . . . reasonably related to the licensed activity”; and
WHEREAS, on the basis of the allegation contained in the Notice, the Department recommended that a $500.00 matrix penalty be imposed against the License; and
WHEREAS, the Licensee responded to the Notice via e-mail to request an evidentiary hearing before an administrative law judge; and
WHEREAS, on February 16, 2022, a hearing was held before Administrative Law Judge Barbara Case (“ALJ”); and
WHEREAS, in support of the allegations contained in the Notice, the City filed exhibits with the Office of Administrative Hearings, herein i...
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