Title
Considering and adopting the Findings of Fact, Conclusions of Law, and Recommendation of the Administrative Law Judge, and revoking the Cigarette/Tobacco license held by Moundsview Retail Inc., d/b/a Mounds Park Market, for the premises located at 241 Earl Street.
Body
WHEREAS, the Cigarette/Tobacco license held by Moundsview Retail Inc., d/b/a Mounds Park Market (the “Licensee”), for the premises located at 241 Earl Street (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 June 7, 2022; and
WHEREAS, the Notice outlined the City’s basis for the recommendation for adverse action and imposition of the standard matrix penalty of revocation for a second violation of the City’s tobacco ordinance related to flavored products within 24 months; and
WHEREAS, the Notice alleged that, during a complaint-based inspection on May 12, 2022, a DSI inspector observed and documented with photographs multiple prohibited flavored product violations that were located behind the counter/cash register, hidden in boxes of candy, in a tote/tub and in drawers under the base of the service counter in violation of Saint Paul Legislative Code section 324.07(j); and
WHEREAS, pursuant to the options to proceed outlined in the Notice, on June 15, 2022, the City received a letter from the Licensee’s attorney requesting an hearing before an administrative law judge; and
WHEREAS, on November 3, 2022, a hearing was held before Administrative Law Judge Jessica A. Palmer-Denig (the “ALJ”); and
WHEREAS, the official record from that hearing, titled OAH 71-6020-38502 ITM Tobacco License Moundsview Retail Official Record is attached and adopted by City Council ; and
WHEREAS, in support of the allegations contained in the Notice, the City filed exhibits with the Office of Administrative Hearings, (OAH 71-6020-38502 ITM Tobacco License Mou...
Click here for full text