Title
Approving adverse action against the Tobacco Shop license held by KMH Retail LLC d/b/a Mini Pac (License ID #20210000750) for the premises located at 1184 Maryland Avenue East.
Body
WHEREAS, the Tobacco Shop license held by KMH Retail LLC d/b/a Mini Pac (License ID #20210000750) for the premises located at 1184 Maryland Avenue East in Saint Paul was the subject of a Notice of Violation and Request for Imposition of $500 Matrix Penalty (Notice”) dated September 28, 2023; and
WHEREAS, the Notice stated that on September 19, 2023, the Department of Safety and Inspections (DSI) received a Seized Cigarette/Tobacco Product letter from the Minnesota Department of Revenue/Tobacco Licensing Division; and
WHEREAS, attached to the September 19, 2023, letter was a Notice of Seized Contraband report from an inspection conducted on June 14, 2023, at the Licensed Premises listing the items seized as contraband which were not listed on an invoice and therefore illegally obtained in violation of Minnesota Statute § 297F.21, subd. 1 (g) (i) and (j); and
WHEREAS, Saint Paul Legislative Code §310.06(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 §310.05(m)(2) provides for a presumptive penalty of $500.00 for a first-time violation of a provision of the legislative code related to the licensed activity; and
WHEREAS, the Department of Safety and Inspections recommended the imposition of a $500.00 matrix penalty; and
WHEREAS, the licensee was given until October 8, 2023, to 1) pay the imposed $500.00 matrix penalty; 2) request a Council Hearing or 3) request an Administrative Hearing; and
WHEREAS, the licensee failed to respond to the Notice to 1) pay the $500.00 matrix penalty;
2) request a Council Hearing or 3) request an Administrative Hea...
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