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File #: RES 23-1526    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 10/11/2023
Title: Approving adverse action against the Tobacco Shop license held by Northern Tier Retail, LLC d/b/a Speedway #4419 (License ID #20100004253) for the premises located at 925 Grand Avenue.
Sponsors: Rebecca Noecker
Attachments: 1. Speedway #4419 - 925 Grand Avenue - $500 matrix penalty - Tobacco Youth Compliance Failure
Title
Approving adverse action against the Tobacco Shop license held by Northern Tier Retail, LLC d/b/a Speedway #4419 (License ID #20100004253) for the premises located at 925 Grand Avenue.
Body

WHEREAS, the Tobacco Shop license held by Northern Tier Retail, LLC d/b/a Speedway #4419 (License ID #20100004253) for the premises located at 925 Grand Avenue in Saint Paul was the subject of a Notice of Violation Recommendation For Imposition Of $500 Matrix Penalty for Tobacco Youth Compliance Check Failure (Notice”) dated September 15, 2023; and


WHEREAS, Minnesota Statute §461.12, Subd. 5 states: “ the licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold to test compliance with section 609.685 and 609.6855”; and


WHEREAS, the Notice stated that on August 21, 2023, the Department of Safety and Inspections conducted a tobacco compliance check at the licensed premises; and


WHEREAS, an eighteen year-old female entered the licensed premises and purchased Natural American Spirit (Blue) cigarettes without being asked her age or for identification which would have indicated she was underage; and


WHEREAS, Saint Paul Legislative Code §310.04(b)(6) allows for adverse action when a licensee has violated or performed any act which is a violation of any of the provisions of these chapters or of any statute, ordinance or regulation reasonable related to the licensed activity; and


WHEREAS, Saint Paul Legislative Code §324.07 (i) prohibits the sale of tobacco products to a person under the age of twenty-one (21); and


WHEREAS, Saint Paul Legislative §324.10(b)(1) provides for a presumptive penalty of $500.00 for a first-time violation of the sale of tobacco products to an underage person; and


WHEREAS, the Department of Safety and Inspections recommended the imposition of a $500...

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