Title
Denying the Licensee's motion for Stay of Enforcement of the 10- day Suspension of Tobacco Shop License and Administrative Costs filed on October 9, 2023: In the Matter of Tobacco Shop License Held by Amira Grocery d/b/a Winnipeg Grocery for the Premises Located at 864 Rice Street.
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WHEREAS, on October 4, 2023, the Saint Paul City Council considered and adopted Resolution 23-1381 which adopted the Findings of Fact, Conclusions of Law, and Recommendations of the Administrative Law Judge that were presented by the City of Saint Paul and imposed Administrative Costs on the Licensee; and
WHEREAS, the Recommendation of the Administrative Law Judge was that the Licensee violated St. Paul Legislative Code § 324.07(j) and was subject to the presumptive penalty found in St. Paul Legislative Code § 324.10(b)(2); and
WHEREAS, on October 09, 2023, the Licensee filed a Motion for Stay of Enforcement of the 10-Day Suspension of Tobacco Shop License and Administrative Costs, arguing in that:
1. Licensee has been operating Winnipeg Grocery, Inc. for the past three years and has a stellar record of compliance with city ordinances and no tobacco related violations. Accordingly, a stay poses little or no danger to public safety. Winnipeg Grocery provides a necessary community service as a grocery store. Loss of revenue from tobacco sales risks depriving patrons the benefits provided through the sale of groceries. A suspension of his tobacco license, moreover, harms Licensee's positive reputation in the community that he has worked diligently to earn over the past years.
2. The financial impact on Licensee of denying a stay is both obvious and serious. A 10-day suspension and the imposition of costs poses an excessive financial hardship on Licensee who relies on the revenue derived from the sale of tobacco products to drive the sale of groceries and other store merchandise. The 10-day suspension effectively close...
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