Title
Directing the Department of Safety and Inspections as to how to proceed with the request of Licensee, Majid Nitaishoon, doing business as MJ Market, to surrender the Tobacco Shop License (License ID # 20210001131), for the premises located at 922 Thomas Avenue West. (Licensee's attorney will speak on behalf of the licensee and Licensee may wish to address the City Council) (Laid over from July 19, 2023)
Body
WHEREAS, on January 31, 2023, the Tobacco Shop License (“License”) held by MJ Market (“Licensee”) for the location at 922 Thomas (“Licensed Premises”) was the subject of a Notice of Violation and Request for Revocation (“Notice”) after a complaint inspection conducted by Inspectors from the Department of Safety and Inspections (“Department”) on January 9, 2023, resulted in the discovery of a large volume of prohibited flavored products and unstamped cigarettes hidden in boxes and tubs and behind a drawer and under a foot board at the base of the sales counter; and
WHEREAS, the Department based its recommendation for the presumptive matrix penalty of revocation on a prior complaint based inspection on May 6, 2022, that resulted in the discovery of multiple prohibited flavored tobacco products and concluded with the suspension of the License held by Licensee for the Licensed Premises under RES PH 23-45; and
WHEREAS, in response to the Notice, the Licensee had requested and Administrative Hearing; and
WHEREAS, that Administrative Hearing was scheduled for June 26, and June 27, 2023; and
WHEREAS, on June 20, 2023, the Licensee, through his attorney, Craig Beuning, requested that the Administrative Hearing be cancelled and indicated that he would like to address City Council and admit the violation, request that he be allowed to surrender his license so that he can sell the Licensed Premises with the ability for the next owner to obtain a Tobacco Shop License; and
WHEREAS, surrender of the License by Licensee would be a lessor penalty than ...
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