Title
Approving adverse action against the Tobacco Products Shop license held by Maharaja’s d/b/a Best of Times (License ID # 20160002078) for the premises located at 201 Seventh Street West.
Body
WHEREAS, Maharaja’s d/b/a Best of Times (License ID # 20160002078) for the premises located at 201 7th Street West 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 October 4, 2023; and
WHEREAS, Minnesota Statute § 461.12, subd. 5 states: “[a] 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 September 20, 2023, the Department of Safety and Inspections conducted a tobacco compliance check at the licensed premises; and
WHEREAS, an underage person entered the licensed premises and was asked to show identification which indicated that he was underage. Nevertheless, the clerk sold him Marlboro Light cigarettes; 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 reasonably 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 $500.00 matrix penalty; and
WHEREAS, the Notice gave the licensee until October 16, 2023, to...
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