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Approving adverse action against the Cigarette/Tobacco license held by Abderrahmane Deriche & Rachid Mezali d/b/a A A Avenue Grocery located at 682 Selby Avenue in Saint Paul.
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WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Abderrahmane Deriche & Rachid Mezali d/b/a AA Avenue Grocery (License ID #20070000574) for the premises located at 682 Selby Avenue in Saint Paul by Notice of Violation dated January 11, 2011, alleging that on December 20, 2010, a clerk from the licensed establishment sold tobacco products to an underage person in violation of Minn. Stat. § 609.685 Subd. 1a and Saint Paul Legislative Code § 324.07 (c); and
WHEREAS, this was the first violation regarding the sale of cigarettes to an underage person but the second violation relating to the sale of cigarettes since July of 2010, so per Saint Paul Legislative Code § 324.11 (b) (1), the licensing office recommended a $400.00 matrix penalty; and
WHEREAS, licensee did respond to the Notice of Violation to call and say he would send in the $400.00 penalty payment, but then failed to do so; and
WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $400.00 matrix penalty by January 18, 2011, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that Abderrahmane Deriche & Rachid Mezali d/b/a AA Avenue Grocery are hereby ordered to pay a matrix penalty of $400.00 for the sale of cigarettes to an underage person on December 20, 2010. Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.