Title
Approving adverse action against the Cigarette/Tobacco license held by Super Day, Inc. d/b/a Super Day, Inc. located at 281 Snelling Avenue North in Saint Paul.
Body
WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Super Day, Inc. d/b/a Super Day, Inc. (License ID #20070002366) for the premises located at 281 Snelling Avenue North in Saint Paul by Notice of Violation dated November 5, 2010, alleging that on October 22, 2010, a clerk from the establishment sold tobacco to an underage person in violation of Minn. Stat. § 609.685 and Saint Paul Legislative Code § 324.07 (c); and
WHEREAS, this is the third violation within a year for the sale of tobacco to an underage person, so per Saint Paul Legislative Code § 324.11 (b) (1), the licensing office recommended a thirty (30) day suspension of the Cigarette/Tobacco license; and
WHEREAS, licensee did respond to the Notice of Violation to request a public hearing which was held on January 5, 2011; and now, therefore, be it
RESOLVED, that the Cigarette/Tobacco license held by Super Day, Inc. d/b/a Super Day, Inc. is hereby suspended for thirty (30) days, provided that only five (5) of those days are imposed. The remaining twenty-five (25) days will not be imposed unless Super Day, Inc. d/b/a Super Day has another violation in the next eighteen (18) months. Said suspension will begin at midnight on Wednesday, January 26, 2011 Friday, February 11, 2011, until 12:00 midnight on Friday, February 25, 2011 Wednesday, February 16, 2011.
This resolution, and action taken above, is based upon facts contained in the November 5, 2010, Notice of Violation sent to the licensee and the arguments made at the public hearing on January 5, 2011.