Title
Memorializing City Council action taken on September 21, 2011 sustaining adverse licensing action against all licenses held by Blue Store St. Paul, 879 Fremont Avenue.
Body
WHEREAS, Blue Store St. Paul, d/b/a Blue Store St. Paul (License ID # 20090000478) (hereinafter "licensee") located at 879 Fremont Avenue in Saint Paul received a Notice of Violation dated July 7, 2011; and
WHEREAS, the Notice alleged that on June 30, 2011 an employee of licensee was observed smoking a cigarette inside of the establishment in violation of § 144.414, subd. 1, the Minnesota Clean Indoor Air Act; and
WHEREAS, under St. Paul Legislative Code § 310.06, subd. (b)(6)(a), a violation of state statute which is "reasonably related to the licensed activity" is sufficient basis for adverse licensing action; and
WHEREAS, licensee is the holder of a cigarette/tobacco license, which is reasonably related to a 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 August 23, 2011, at which each party presented testimony; and
WHEREAS, the Administrative Law Judge issued a Report on August 30, 2011, 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 of Violation; and
WHEREAS, the Administrative Law Judge also found that the recommendation by the Department of Safety and Inspections of a $500 fine was consistent with the penalty matrix in Chapter 310 of the Legislative Code; and
WHEREAS, the licensee was given notice that a public hearing would be held before the City Council on September 21, 2011 at which time licensee would have an opportunity to present oral or written argument to the Council; a...
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