Title
Approving adverse action taken against all licenses held by Frank's Dairy & Deli, d/b/a Frank's Dairy & Deli, 1201 Edgerton Street.
Body
WHEREAS, adverse action was taken against all licenses held by Frank's Dairy & Deli, Inc. d/b/a Frank's Dairy & Deli (License ID #20100005165) for the premises located at 1201 Edgerton Street in Saint Paul by Notice of Violation dated June 2, 2011, alleging that on February 15, 2011, The Minnesota Department of Revenue seized tobacco products in the licensee's establishment that had not been purchased by a licensed seller in violation of Minn. Stat. § 297F.13, subdivision 4; and
WHEREAS, for this violation the licensing office recommended a $500.00 matrix penalty; and
WHEREAS, the licensee responded to the Notice of Violation on June 7, 2011 to request an administrative hearing; and
WHEREAS, the licensee was then contacted by the City Attorney's Office on June 16, 2011, to explain that he would only be able to contest the $500.00 matrix penalty recommended by the Department of Safety and Inspections, not the seizure of the tobacco products, which can only be challenged with the Minnesota Department of Revenue within sixty (60) days of seizure; now therefore be it
RESOLVED, that Frank's Dairy & Deli, Inc. d/b/a Frank's Dairy & Deli is hereby ordered to pay a $500.00 matrix penalty for failure to purchase tobacco products from a licensed seller in violation of Minn. Stat. § 297F.13, subdivision 4. Payment of such penalty shall be made within thirty (30) days of the date of the adoption of this resolution.