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Steve's Smoke Shop, Inc. is listed in the indictment along with this same address owned by Mr. <br />Wazwaz in the past under different business names. <br />Mr. Wazwaz and his attorney responded to the November 16, 20071etter, stating that Mr. <br />Wazwaz had not been convicted of the crime he pled guilty to and that he has not been <br />scheduled for sentencing. They also requested a hearing on the tobacco revocation. <br />Per Minnesota Statute 364.03(1) Notwithstanding any other provision of law, no person shall be <br />disqualified from pursuing, practicing, or engaging in any occupation in which a license is <br />required due to a prior conviction, unless the crime for which convicted directly relates to the <br />license being sought. <br />In addition to the guilty plea entered by Mr. Wazwaz, the city received a letter from him on <br />October 19, 2007 addressed to the City Clerk, in which Mr. Wazwaz admits that he previously <br />sold tobacco products without possessing the required sub-jobber license and that the case was <br />settled with the Minnesota Department of Revenue. <br />Staff has concerns about continuing to license this person and his business. His history <br />demonstrates he has not been rehabilitated; and therefore cannot serve the public in a fair, <br />honest, and open manner and would be a detriment to the public's safety. <br />Staff seeks direction from the Ciry Council on whether to proceed with the revocation hearing. <br />Staff recommends that if a hearing is held it be held before an independent hearing examiner, <br />who can make a recommendation to the Ciry Council. Such a hearing will involve costs for the <br />hearing examiner, for staff time, and for the City Attorney's office to prepare and present the <br />case for revocation to the Hearing Examiner. <br />If the City Council decides to proceed with the revocation hearing, staff recommends that the <br />existing license be renewed for three months to allow time for the hearing to be held. <br />If the City Council decides not to proceed with the revocation hearing, staff recommends that <br />the license be renewed for 12 months, as in the past. <br />Staff does not recommend that renewal of the license be denied without a hearing. <br />Side Note <br />About November 1, 2007, a Mr. Ali Sadeq requested to apply for a new tobacco license for the <br />same location on Freeport. After being informed about the tobacco moratorium, Mr. Sadeq <br />suddenly became a partner with Mr. Wazwaz that was effective just prior to the moratorium <br />(per city ordinance, all tobacco licenses shall be valid only for the person to whom the license <br />was issued). Mr. Wazwaz requested to amend the license with his partner but was told he <br />couldn't due to the moratorium. Mr. Wazwaz has since proceeded to apply for the renewal of <br />the tobacco license on his own. <br />Mr. Wazwaz stated he amended his license to include a partner in July 2007 and failed to notify <br />the Ciry. His business is currently listed as a domestic corporation with the Secretary of State. <br />Mr. Wazwaz has gone back and forth on whether he is a partnership or owns the business <br />himself in order to be able to apply fox a tobacco license. <br />S:\Council\Clerk\Tobacco\2007\Wazwaz 121207.doc <br />