Title
Authorizing the Department of Safety and Inspections ("DSI") to enter into a Settlement Agreement with Bilal Alsadi on behalf of Hana Co. d/b/a Premium Stop (“Licensee”).
Body
WHEREAS, Licensee holds a Tobacco License (#20030003402) issued in 2003 by DSI for the premises located at 1529 White Bear Avenue in Saint Paul (“Licensed Premises”); and
WHEREAS, on May 6, 2022, DSI Inspector Voyda conducted a compliance inspection based on a complaint that prohibited flavored products were being sold on the Licensed Premises; and
WHEREAS, Inspector Voyda’s inspection documented with a report and photographs, evidence of prohibited flavored tobacco products in file cabinets in the back room of the Licensed Premises, herein incorporated as Exhibit 1; and
WHEREAS, the prohibited-flavor violations observed by Inspector Voyda represent Licensee’s first violation within 24 months; and
WHEREAS, the only other violation on Hana Co.’s License is a March 14, 2013 failed youth tobacco compliance check; and
WHEREAS, due to the amount of prohibited flavored products discovered, DSI believed that substantial and compelling reasons to upwardly depart to revocation existed in this case; and,
WHEREAS, Saint Paul Legislative Code §324.10 (b)(2) contains the penalty matrix for certain violations related to the “display, possession or multiple incidents of sales of; single cigarettes, menthol tobacco products; or flavored tobacco products” at a 10-day suspension; and
WHEREAS, under Saint Paul Legislative Code §324.10 (b)(2) the first box on the penalty matrix that corresponds with the “display, possession or multiple incidents of sales of; single cigarettes, menthol tobacco products; or flavored tobacco products” calls for a 10-day suspension and the second box on the penalty matrix is revocation; and
WHEREAS, Saint Paul Legislative Code §324.10 (a) states that “These penalties are presumed to be appropriate for every case; however, the council may d...
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