Title
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 to upwardly depart to revocation of the Cigarette/Tobacco license held by Bright Star Inc., d/b/a Tom and Joe’s Market, for the premises located at 684 Western Avenue. (Public hearing closed and laid over from September 14, 2022.)
Body
WHEREAS, the Cigarette/Tobacco license held by Bright Star Inc., d/b/a Tom and Joe’s Market (the “Licensee”), for the premises located at 684 Western Avenue (the “Licensed Premises”) was the subject of a Notice of Violation and Request for Upward Departure to Revocation (the “Notice”) by the Department of Safety and Inspections (“DSI”) on March 22, 2022; and
WHEREAS, the Notice outlined the City’s basis for the recommendation for adverse action and upward departure to revocation; and
WHEREAS, the Notice alleged that, during a complaint-based inspection on January 6, 2022, a DSI inspector and an inspector from the Minnesota Department of Revenue (“MDR”) observed and documented with photographs multiple flavored product violations that were located next to the counter/cash register in violation of Saint Paul Legislative Code section 324.07(j); and
WHEREAS, the inspector also noticed hidden flavored tobacco products in a bag under a plastic chair, an open box of Newport menthol cigarettes under the cash register, and unstamped cigarettes found in a black jacket; and
WHEREAS, due to the amount of flavored products found on the Licensed Premises and the blatant, intentional nature of the violations and the total disregard for ordinances, DSI believed that substantial and compelling reasons existed to upwardly depart from the presumptive penalty of a 10-day license suspension and recommended an upward departure one box on the penalty matrix to revocation of the Licensee’s Cigarette/Tobacco license; and
WHEREAS, on April 11, 2022, the City ...
Click here for full text