Agenda Packets - 2014/07/28 - Laserfiche WebLink

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Item 07E July 28, 2014 Page 2 • Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. • The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. • The licensee must promptly remove any graffiti on the exterior of the retail establishment. On May 15, 2014, Staff sent a renewal notice to Sam’s Food Market informing them their tobacco license would expire on June 30, 2014, and renewal application materials were due to the City by June 9, 2014. About two weeks before their license was due to expire, Staff contacted the owner, Khudeir Jrau, to inform him that his tobacco license was about to expire. Mr. Jrau’s consistent response to Staff was, “I will have it to you tomorrow.” The week before this license was to expire; Staff contacted the City Attorney. The City Attorney contacted Mr. Jrau’s attorney to express concerns about their license lapsing. Mr. Jrau’s attorney and Mr. Jrau were informed that if Staff did not receive renewal application materials before June 30th, then their license will lapse. On June 30, 2014, Staff drafted a letter to Sam’s Food Market (attached), informing them that their license will expire, and as of July 1, 2014 they would not be authorized to sell cigarette and tobacco products. This letter was hand delivered by the Code Enforcement Officer. Soon after delivery of this letter, a representative from Sam’s Food Market arrived at City Hall with a blank check and no completed application materials. Staff informed the representative that Staff was not able to process their license renewal, and the earliest their license could be presented for consideration by the City Council was July 28th. Staff handed the representative a blank business license application. On July 3, 2014, Staff witnessed a tobacco sale at Sam’s Food Market. The police was immediately dispatched and the business owner was cited in accordance with the City Code for selling tobacco products without a business license. Mr. Jrau’s attorney was notified of the violation. On July 14, 2014, the Police Department conducted another compliance check. Sam’s Food Market successfully passed the check and did not sell any tobacco product(s). Discussion: On July 21, 2014, Staff received applications materials and fees for a Tobacco License for Sam’s Food Market. Staff conducted a background check and there appears to be continued inconsistencies in the background checks. One inconsistency is in regard to the corporation name, Babelon, Inc. According to the Minnesota Secretary of State’s website, Babelon, Inc., is located at 705 Century Avenue in Maplewood. According to the City of Maplewood this is a vacant strip mall, and there is no tobacco business