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File #: RES 11-294    Version: 1
Type: Resolution Status: Passed
In control: City Council
Final action: 2/16/2011
Title: Memorializing City Council action taken on February 2, 2010 sustaining adverse licensing action against all licenses held by MW # 1 Inc., d/b/a Corner Meats and Grocery located at 516 Rice Street in the City of Saint Paul.
Sponsors: Melvin Carter III
Related files: PH 11-1
Title
Memorializing City Council action taken on February 2, 2010 sustaining adverse licensing action against all licenses held by MW # 1 Inc., d/b/a Corner Meats and Grocery located at 516 Rice Street in the City of Saint Paul.

Body
WHEREAS, MW # 1 Inc., d/b/a Corner Meats and Grocery (License ID # 20090000931) (hereinafter licensee) located at 516 Rice Street in Saint Paul received a Notice of Violation dated October 20, 2010 (hereinafter Notice); and

WHEREAS, the Notice alleged a violation of law related to the licensed activity for violation of the Clean Indoor Air act; and

WHEREAS, licensee denied all the allegations and requested a hearing before an Administrative Law Judge; and

WHEREAS, a hearing was held before an Administrative Law Judge on December 2, 2010, at which each party was represented by Counsel and presented testimony; and

WHEREAS, the Administrative Law Judge issued a Report on December 23, 2010, in which the Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a Memorandum; and

WHEREAS, the Administrative Law Judge found that there was sufficient proof that licensee had committed the violation in the Notice, but found that the Saint Paul Legislative Code did not call for a penalty; and

WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on February 2, 2011 at which time licensee would have an opportunity to present oral or written argument to the Council; and

WHEREAS, licensee did not file any exceptions to the report of the Administrative Law Judge; and

WHEREAS, the Department of Safety and Inspections filed exceptions to the report of the Administrative Law Judge; and

WHEREAS, at a public hearing on February 2, 2010, Council File # PH 11-1, the Council of the City of Saint Paul considered all the evidence contained in the record, the arguments of licensees attorney at the public hearing, the Administrative Law Judges Findings of Fact, Concl...

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