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File #: RES PH 23-10    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 1/18/2023
Title: Considering and adopting the Findings of Fact, Conclusions of Law and Recommendation 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. Affidavit of Service for September 10, 2020 Notice of Violation, 2. April 27, 2020 letter from DSI Kris Schweiler requesting March 30, 2020 video from One Stop Market, 3. Email from Eric Hudak to The One Stop Market, 4. Information Memo to Council, 5. Joseph Voyda March 1, 2021 Report of June 1, 2020 video, 6. June 5, 2020 letter requesting June 1, 2020 video, 7. License Group Conditions Text for One Stop Market, 8. March 2, 2021 Amended Notice of Violation and Request for Upward Departure to revocation, 9. May 4, 2020 email from Zakariya Abukhudeer to Kris Schweinler about March 30, 2020 video, 10. MN Stat. 144.414 144.416 Ramsey County Ordinance B2015-302, 11. Motion to Certify Order to Council, 12. Photo Stills from June 1, 2020 video One Stop Market 1, 13. Photo Stills from June 1, 2020 video One Stop Market 2, 14. Photo Stills from June 1, 2020 video One Stop Market 3, 15. Photo Stills referenced in Joseph Voyda March 1, 2021, 16. Properties for Licensee Contact from EClips system, 17. Recommendation and Order on Motion, 18. Saint Paul Police Department Address-Intersection Report One Stop, 19. Saint Paul Police Report 20076456, 20. Saint Paul Police Report 20144580, 21. Saint Paul Police Report 20145047, 22. Saint Paul Police Report from Sgt Stanway CN 20062710, 23. September 10, 2020 Notice of Violation and Request for Upward Departure to Third Box, 24. STAMP Ownership Zoning Information, 25. Summary of Violation from June 5, 2020 video, 26. Findings of Fact Conclusions of Law and Recommendation - One Stop, 27. One Stop Market video 3-30-20, 28. One Stop Market video 6-1-20 Part 1.3, 29. One Stop Market video 6-1-20 Part 1.4, 30. OSM Video 6-1-20 Part 1.2, 31. OSM Video 6-1-20 Part 1.5, 32. OSM Video 6-1-20 Part 1.6, 33. OSM Video 6-1-20 Part 1.7, 34. OSM Video 6-1-20 Part 1, 35. Saint Paul Legislative Code Section 310 as of 9-8-2020, 36. Saint Paul Legislative Code Section 324 as of 9-8-2020, 37. Exhibits 2-1 - 2-40 The One Stop Market, 38. Exhibits 2-41 - 2-69 The One Stop Market, 39. Exhibits 2-70 - 2-114 The One Stop Market, 40. Exhibit 1-1 - 1-12 The One Stop Market, 41. Exhibit 1-14 - 1-20 The One Stop Market, 42. Exhibit 1-22 - 1-33 The One Stop Market, 43. Exhibit 3-1 - 3-31 The One Stop Market Saint Paul Legislative Code Section 310, 44. Exhibit 4-1 - 4-2 Saint Paul Legislative Code Section 324.07 Sales Prohibited - The One Stop, 45. Exhibit 5-1 - 5-9 MN Stat. 144.414, 144.416, Ramsey County Ordinance B2015-302 - The One Stop, 46. Exhibit 6-1 - 6-27 The One Stop Affidavit of Eric Hudak, 47. Exhibit 7-1 - 7-2 Signed and Notarized Affidavit of James Legierski, 48. Exhibit 8-1, 8-2 Signed and Notarized Affidavit of Peter Baldwin, 49. Exhibit 9-1 - 9-5 Signed and Notarized Affidavit of Joseph Voyda, 50. Exhibit 10-1 - 10-2 Affidavit of Sergeant Rob Stanway The One Stop, 51. Exhibit 11-1 - 11-2 Affidavit of Dillon Marquis, 52. City's One Stop Market final closing argument 9-6-22, 53. MKT letter, 54. MKT One Stop post-trial brief
Related files: RES PH 21-300
Title
Considering and adopting the Findings of Fact, Conclusions of Law and Recommendation 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 which occurred on and near the Licensed Premises:

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; and


WHEREAS, the Notice stated that the Ci...

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