| 10/10/2023 | 0 |
COMMON COUNCIL
| APPROVED
Minutes note: Motion relating to the revocation of the Extended Hours Establishments, Filling Station, Food Dealer and Weights & Measures licenses for Gurinder Nagra, based upon the preponderance of the evidence in the police report, the applicant and the neighborhood testimony and the failure to comply with the approved plan of operation which demonstrates that the operation results in a threat to the health, safety and welfare of the public; for the premises located at 4295 N Teutonia Av. ("Teutonia Gas & Food"), in the 1st aldermanic district.
(Written Objections Have Been Filed)
The question was put: Have the members of the Common Council read the report and
recommendations of the Licenses Committee and the exceptions filed under this
matter?
All members of the Common Council indicated reading the report and
recommendations of the Licenses Committee and the exceptions filed under this
matter.
The question was put: Are any of the following or their counsels present and, if so, do
they wish to address the Common Council: Gurinder Nagra?
*There was no one present when this item was called.
The question was put: Are there any motions relative to this matter?
Hearing no other motions made, a vote of those Council members present to approve
the recommendations of the Licenses Committee as contained in File Number 230679
was called.
| Pass | 15:0 |
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| 9/21/2023 | 0 |
LICENSES COMMITTEE
| AMENDED
Minutes note: The applicant was present along with Atty. Emil Obviagele (both virtually).
Atty. Obviagele said that they received the notice for this hearing subject to the objection that he sent in writing.
Sgt. Velasquez read the police report.
Atty. Obviagele said that given the fact that this is a revocation of the license and that based on the notice that they received was not clear, he suggested that there will be only specifics questions so they can respond to the questions and to be mindful that at least one item is under investigation and that he does not want to interfere. He added that they have not been provided with the investigation reports and he requested to adjourn this proceeding because they don't have a lot of documents.
(There were audio issues on Atty. Oviagele's end).
Ald. Coggs asked if that was a no to speak on the police report.
Atty. Obviagele said that they are reserving the right to speak on it and that they can answer questions.
Ald. Pratt asked if the suspect on item 25 was an employee.
Mr. Nagra said that he was an independent contractor.
Atty. Obviagele kept on asking questions to his client that there were hard to hear.
Channel 25 asked Atty. Obviagele and Mr. Nagra to get closer and in front on the microphone.
The meeting paused at 11:29 am for Atty. Obviagele to get his sound together.
The meeting reconvened at 11:34 am
Ald. Pratt had the floor prior to the pause and asked the applicant if the shooter was an employee of the gas station.
Mr. Nagra said that he was an independent contractor and that he was hired mid July.
Atty. Obviagele asked the applicant what kind of work he was contracted to do.
Mr. Nagra said that keep the store clean and watching.
Atty. Obviagele asked for the hours that was supposed to work.
The applicant said from 9pm to 2am
Atty. Obviagele said that the incident in question happened around 6:40 am and if the person was working at that time.
Mr. Nagra answered "no".
Ald. Coggs said that Ald. Pratt has the floor and asked Atty. Obviagele to ask questions to this witness later when he has the opportunity to do so.
Ald. Pratt asked if there is a handbook for employees and independent contractors since he said that the shooter was an independent contractor.
Mr. Nagra said that they keep their handbook.
Ald. Pratt asked Mr. Nagra if he has standards and rules on which employees and independent contractors supposed to adhere to.
Mr. Nagra that the suspect will bring the handbook to him every Friday to get paid.
Atty. Obviagele asked Ald. Pratt to allow him to help her to ask the question.
Ald. Pratt said that she does need his help to ask the question, that the applicant needs to understand it instead.
Ald. Coggs asked (for the record) to Mr. Nagra if he has a set of rules and procedures that he provides to his employees and contractors.
Mr. Nagra said that he has sign in sheets.
Ald. Borkowski said that he is very sorry and that this process has been very disrespectful from Atty. Obviagele and his client for not being here, that it is insulting and that they are trying to turn it into a circus because we cannot hear/understand them. He added that they have a room full of people that deserve to hear answers.
Atty. Obviagele said that he changed things in his schedule to be here today.
Ald. Borkowski said that he does not need to hear excuses, that is embarrassing and insulting because Atty. Obviagele is prolonging the agony of the people that is here today.
Atty. Obviagele said that what is embarrassing and insulting is that Ald. Borkowski has been unable to come up with a solution to the problems that they city has.
Ald. Coggs reminded Atty. Obviagele that he did not have the floor as he kept talking.
Ald. Coggs made reference to the police report that says that "no staff person called the police"
Atty. Obviagele said that the report says that call came from the staff.
Sgt. Velasquez said that for item 24. no one from the store called the police.
Ald. Coggs asked why the call did not come from the staff.
Atty. Obviagele said that for item 25. the call came from the staff and that for item 24., they made an open records request but that he does not know if they have the complete set. He said that he remembers that the police arrived because a shot spotter call and that the employee was shaken because if the incident. He also said that it is his client's policy to always call the police whenever there is an issue and that employees are trained to do so.
Ald. Coggs asked who does the training of the employees and/or independent contractors.
Mr. Nagra said that he does the training.
Ald. Pratt asked Mr. Nagra what does the training entail where there are complaints about an employee and what is the policy when the employees do not adhere.
Mr. Nagra said that for non emergency situations, employees must call him first, then to call the police and that for emergency situations, the employees must call the police first. He also said that for employees who do not follow the training, they receive a warning letter and then they let the employee go.
Ald. Pratt asked Mr. Nagra how often he is at this business and if he was aware that Mr. Pinkin was carrying a weapon because there are a lot of people that were aware of it.
Mr. Nagra said that he is there almost everyday and that he was not aware of Mr. Pinkin carrying a gun.
Ald. Coggs asked Mr. Nagra when did he hired to whom he called "independent contractor"
Mr. Nagra said that in July and that when he hired him, he was told not to carry a gun.
Ald. Coggs asked the applicant what is the name of the shooter.
Mr. Nagra said 'William Pinkin"
Ald. Coggs asked Sgt. Velasquez to look at item 24 from June 22, 2023 to check for any employee's names on it.
Sgt. Velasquez said that the name of the employee is William Pinkin.
Ald. Coggs said to Mr. Nagra that he just told us that he did not hired Mr. Pinkin until July and asked why then Mr. Pinkin's name appears on the police report from June.
Mr. Nagra said that Mr. Pinkin used to hang out a lot in there because he was picked up by his dialysis van 3 times a week but that he was not aware of that.
Ald. Coggs asked Mr. Nagra what is his policy for employees and/or independent contractors to have a gun in the premises.
Mr. Nagra said that they are not supposed to carry weapons.
Ald. Coggs asked is that is included in the handbook.
Mr. Nagra said "yes".
Ald. Coggs asked if he does background checks for employees and independent contractors as he hires them.
Mr. Nagra said that he does not do background checks.
Ald. Coggs asked why not.
Mr. Nagra said that he told him that he was from the neighborhood and that he was ok with that.
No more questions from the committee members.
Atty. Obviagele was given the floor. He said that to his client that he testified that Mr. Pinkin worked from 9am to 2am and asked him if the City asked to have someone monitoring during those hours.
Mr. Nagra said "yes".
Atty. Obviagele said that shooting happened around 6:40 am and asked Mr. Nagra what Mr. Pinkin was doing inside the store at that time.
Mr. Nagra said that he thinks that he was waiting for the dialysis van service and that he was not working.
Atty. Obviagele asked how does he know that.
Mr. Nagra said that Mr. Pinkin told him that he used to get picked up between 5 and 7am and that the van services called Mr. Nagra to ask if Mr. Pinkin was ok.
Atty. Obviagele said that they agree on what happened that day, that it should not have happened and that he wanted to give Mr. Nagra an opportunity to speak to the family directly.
Mr. Nagra said that he is very sorry, that it should not have happened and that he cannot bring their loved one back.
Ald. Pratt said that at the previous hearing, Mr. Nagra said that he would have security, there was an assumption that they were going to be insured and bonded and in a vehicle. She asked Mr. Nagra if Mr. Pinkin was fulfilling that roll.
Atty. Obviagele said that Mr. Pinkin was not fulfilling that roll.
Ald. Pratt said that Mr. Pinkin was not working at the time but that the issue is that Mr. Pinkin killed someone at his property and what is the action for someone who is or not an employee to hang around and do "x" and "y" at his property.
Atty. Obviagele said that no one is allowed to commit a crime and that what Mr. Pinkin did was disgusting and that he hopes that he gets to spend the rest of life behind bars and that his client does not condone it.
Ald. Pratt said that hiring a felon who committed murder previously, who has several reports of being armed at his client's store by the neighbors and people who frequent the store, are indicators that the people's safety is not foremost in his client's mind.
Atty. Obviagele said that we are also in a state that has a conviction records discrimination law and that as an attorney, he fights on the front line daily for people who are left without employment opportunities because of their conviction records and felony status.
Ald. Pratt said that felons cannot hold jobs in which they are armed.
Ald. Coggs said that they are not going to argue about imbalances within the judicial system or the incarceration rates, that they are here to discuss the responsibility as an employer for not doing a background check and for to hire a felon who committed murder before and now that he has committed another murder.
Ald. Coggs also said that at the renewal hearing from April 25, 2023, the applicant said that he was going to have a security guard during the hours of operation and that Ald. Pratt said, that he was supposed to be outside in a car and that the shooter was not working at the moment. Ald. Coggs asked the applicant who were the security guards and where were they when the shooting happened.
Atty. Obviagele said that they did not do a background check on the shooter and that his duties were to clean up outside and monitor outside and that he was not supposed to have a gun. He also said that there was no security guard on that specific date and time.
Ald. Coggs asked if they were on violation of the plan of operations.
Atty. Obviagele said that they cannot manufacture security guards where they do not exist.
Ald. Coggs said that the applicant and his attorney have said that employees are not supposed to have firearms in the store and asked if that is stated in the handbook.
Atty. Obviagele said that Mr. Pinkin was not an employee.
Ald. Coggs asked if that is stated in contractor's handbook.
Atty. Obviagele said that his client verbally told Mr. Pinkin not to have a gun.
Ald. Coggs asked how do they ensure that the employees/contractors don't have a gun in the premises.
Atty. Obviagele said that there is a sign at City Hall but that he does not see someone ensuring that no one is carrying a gun.
Ald. Coggs asked Mr. Nagra if he has a sign at the store.
Mr. Nagra said that he is not sure about it.
Ald. Coggs said to Atty. Obviagele that he knows that there is a sign at City Hall, so how come his client does not know if there is a sign at his business if he is there everyday.
The applicant said that there is a sign about no guns allowed but that he does not know if the sign was up on that specific day.
Ald. Coggs asked Mr. Nagra how long he has been in business.
Mr. Nagra said that since 2000.
Ald. Coggs asked how many employees he has have since 2000.
Mr. Nagra said that multiple employees.
Ald. Coggs asked Mr. Nagra if in those 23 years he has done background checks on any of his employees.
Mr. Nagra said that he hasn't.
Ald. Coggs asked if there is a reason why he hasn't done it.
Mr. Nagra said that he didn't have the need to do it.
Individuals in opposition:
Natalie Easter Allen 4345 N 24th Pl she said that she has lived in the neighborhood for 50 years and that the gas station was black owned and that it was decent until it was sold. She said that this operator treats bad to his customers, she said that back in 2013, there were 3 teenagers shoplifting and that the operator lock the store and pepper sprayed everybody in there. She also said that another situation happened on 2017 and that now there a lot of panhandlers on the way to the door asking if you want to buy drugs and that it has gotten to the point that is no more the place to go for them. Mrs. Easter Allen said that she cannot accept the applicant's apologies because what happened to his son, it could have been avoided and that even with his son bleeding out by the store door, the applicant was doing business as usual. Mrs. Easter Allen said that the applicant was not sincere because it was more about him making money. She also mentioned that after 4 days that she buried her son, the applicant's son came to tell her that they could easily transfer ownership to reopen. She said that the lives of the community from whom the applicant make a living from, have no value and that they are not valued as human beings. Mrs. Easter Allen that things don't add up because Mr. Pinkin has been at the store before the death of her son like the police report says and that she saw him too.
Ald. Pratt asked Mrs. Easter Allen if her son was a frequent of the store.
Mrs. Easter Allen said that all of her children were frequent customers because it was the neighborhood store.
Vince Toney 2721 W Roosevelt Dr said that we have a licenses committee that supposed to act on behalf of the people of this community, that these stores are detrimental to the community and that it should not have to take a life before we start making the right decisions. He said that this body must consider the people of the community first.
Charmian Easter 9089 N 75th St she said that she is the grandmother of Isaiah and that she has lived in the community for over 50 years and that her kids (including Isaiah's mom), grew up going to the gas station to pick up a candy and that since incidences started to happen, she has been avoiding that store and that she does not even buy gas from them anymore. She added that this business is not for the community and that having 80 items on the police report are an indicator that something is wrong with that business. She said that in all of the business that she worked for, she needed to read and sign a handbook. She also said that the owner must know if there is a sign or not at the store and that he should have noticed that Mr. Pinkin was carrying a gun if he is there everyday at different times because she also knows that customers let him know. Ms. Easter said that her grandson did not deserve what happened to him and that Isaiah was a human being just like the man that owns this business.
Vanisha Walker 8542 W Silver Spring Dr said that she just wants to say that the business owner was negligent for not doing a background check and that he does not handle the business properly and that it does not matter where the business is located. She added that it is unacceptable that his negligence led to a death and that he should not be conducting other business anywhere for being irresponsible with the community.
Shawn Muhammad 2434 N 47th St said that their mosque is located close to the gas station and requested to keep this establishment closed for respect to the community. He added that the community does not have a problem doing business with people outside their community and that all that they ask is to show respect. He also said that the lies of Mr. Nagra and running a business with Isaiah bleeding out on the ground are great signs of disrespect. He added that they all know that Mr. Pinkin was being paid under the table and Mr. Nagra can cook the books from July but that they know very well that Mr. Pinkin was working there before because the streets said so and the streets don't lie. He said that agrees with Mrs. Walker’s testimony about questioning his business practices. He also asked the committee to make sure that the next ownership be someone that looks like the community that they serve.
Steven E. Payon 2225 W Olive St said that he has lived there for 53 years and that he was on his way to work at 6:30 am when he noticed the body on the ground. He said that when he approached to the body to take a photo to file a complaint to the City, he noticed the hole in the head and went inside the store. He said that he asked the clerk if he knew that there was a young man bleeding out on the ground, that the clerk shook his head at the time that he was taking money from two customers. He said that he never saw something as disrespectful and inhuman like this and demanded the clerk to call the police and shut down the store.
Shawn Moore 4345 N 24th said that this gas station has been a problem for the last 20 years and that they are here to speak for Isaiah, for the people of the community and for the city of Milwaukee. He added that they are tired of people coming into these communities to pillage, to disrespect the mothers, to bid on our children, to rob our children and to kill our children. He added that they cannot continue coming to community, committee and board meetings to say that a life has value and that the message today is that those actions cannot continue. He said that there is lady that wants to speaks about a bag that Mr. Pinkin is trying to retrieve from the store and that they do not know if the weapon is there. He added that this establishment will make another death and that they will be monitoring Mr. Nagra's other businesses and that if there is any adverse action against the other stores, they will try to shut them down as well. He also asked the committee to close this business down.
Caliph Muabel 8953 N 70th St said that he made some interviews because the police kind of wrapped up the investigation and that as a matter of fact they found the fragment of the bullet.
Shaya Davis 4252 N Teutonia Av said that Mr. Pinkin has called her everyday day asking her to retrieve a bag from the store for him and that she does not have access to the store. She also said that Mr. Pinkin is asking her to get money from a guy that he worked for and that she has told him that she cannot do that and that she has no parts to that.
Ald. Pratt asked Ms. Davis if she worked at the store.
Ms. Davis said that she does not work at the store, that she does not own the bag and that she has not informed MPD about the bag.
Atty. Obviagele asked when was the last time that Mr. Pinkin called her.
Ms. Davis said that it was yesterday from the County Jail number, that he calls her everyday and that if she does not answer the call, Mr. Pinkin makes his family members to call her for the same reasons.
Atty. Obviagele asked Ms.Davis if she has a relationship with Mr. Pinkin.
Ms. Davis answered "no".
Atty. Obviagele said that he is trying to understand why Mr. Pinkin is calling her.
Ms. Davis said that she is trying to understand it too and that they used to work at the food stand at the gas station.
Ald. Pratt asked Ms. Davis if she ever noticed that Mr. Pinkin was armed.
Ms. Davis said that she did not notice and that he told her personally about his background.
Troy Allen 108 B Hickory St said that Mr. Nagra does not care otherwise he would be sitting here next to them. He said that he knows that he is not going to bring his son back but that Mr. Nagra should not own nothing. He added that after they washed off his son's blood, Mr. Nagra wanted to go back to business and that he told Mr. Nagra that he was not going to do so. He added that is a coward's move to sit behind a camera and let his attorney to speak when he can speak English and takes the community's dollars.
Paris Allen 6739 N 75th St she said that things don't add up to her and since the applicant does not know if there is a sign posted on the door when he is there everyday. She said that she is there every other day and that she can describe the building from top to bottom. She said that if Mr. Pinkin was hired in July how come his statement is recorded on an incident that happened in June. She said that being the human being that she is, she would have closed this business down way before Isaiah, there wouldn't ever been an Isaiah murdered. She said that police reports indicates that and that he steals from children. She said that he/his clerk tried to charge her son $5 for 2 honey buns. She said that the applicant is trying to scare them and that she knows that he does not train his employees because there was no call until the neighbor asked the clerk to call the police. She added that multiple let him know that Mr. Pinkin was carrying a gun for multiple situations that happened at the store.
Harolyn Myles 9807 W Menomonee Park #5 she said that she could not believe that Isaiah was killed at his local gas station, that she is here in objection of the gas station but also to speak as the mother of Isaiah's child who is 3 years old and will ever see his father again because of some desert cakes.
Sedan Smith 4271 N Sherman Blvd said that his brother was killed by a Milwaukee Police Officer and that they all voted for them because they thought that they care about the community. He added that there is a bill that could have prevented this and that this must to stop.
Ald. Borkowski said that as a chair of the Judiciary and Legislation committee he will ask that this bill be at the front.
Lena Taylor said that she just wanted to highlights a few things:
There is a state statute that talks about independent contractors.
She asked the committee to distinguish between what happened on June 22, what MPD interviewed and had in a report.
To look at the credibility from what was said back on April.
That she is concerned about the bag in the store.
She is not a dialysis patient but the report said that Mr. Pinkin was sitting at the security's chair and not waiting outside for the van.
The gun has not been found and that she does not know how the shooter was able/allowed to leave the scene.
That this business does not fit to the neighborhood.
That if the supervision agent even knew that Mr. Pinkin was working at the gas station and carried a gun.
She also asked what is in a gas station that is worth to take a life. She added that she does know how to get the videos and make them available to the committee.
Atty. Obviagele said that he is objecting to the entire testimony of Sen. Taylor on the basis of irrelevance.
Atty. Farris said that he does not see any improperness from Sen. Taylor presenting her views to the committee.
Ald. Coggs denied the objection.
Sen. Taylor continued saying that as a citizen, she does not know what the process is to make the videos available to the committee.
Atty. Obviagele said that he is objecting on the basis of hearsay.
Ald. Coggs said that Sen. Taylor did not refer to anyone.
Sen. Taylor said that she is here as a citizen and a mother of one Isaiah and that this happened to people that she knows from her own backyard.
Atty. Obviagele asked Sen. Taylor if she represents the estate for Isaiah.
Sen. Taylor said that Mark Thomsen represents the estate and that she is a co counsel.
Atty. Obviagele asked Sen. Taylor if she is aware that there is a current investigation being held by MPD.
Sen. Taylor said that she is aware that they did their investigation, that they filed with the DA, that it was a criminal complaint and that individuals were charged but that she is not aware of the criminal matter, that she is not involved with the criminal matter at all, that she is strictly involved in the civil matter and that she does not know what the police has or has not done in regards of the criminal matter.
Joshua Taylor 4215 W Martin #3 he said that he is in opposition of this business and that the applicant is nothing about being charitable but cutting costs instead. He added that the family has been camping outside the store to keep it closed.
Ruby Anderson 2016 N 24th Pl said that he is here in support of the family and that he is very upset about the actions of this operator. He added that he is an independent contractor as well and that he wants to know if the applicant has provided a copy of the contract or of the 1099 form. He added that he is mad at the fact that the son's owner dare to say that if is not them, is going to be someone else running the business.
Debra Jenkins 4326 N 42nd St said that she is upset that the attorney and the owner are not there to face this grieving family even if he has lived from the community for the last 23 years. She added that 88 calls for service for this business at the tax payer's expense is also disrespectful. She also said that she does not want this business open ever again.
Brandi Allis 4144 N 48th St said that she has been at the gas station and that this business is a danger to the neighborhood. She also wants to see the 1099 form filled by Mr. Pinkin or to find out if he was getting paid under the table.
Sherlyn Chapman 1912 N 38th St said that she is support of closing this store because she understands the pain of this family as her daughter was killed in February.
Officer Keith Garland said that he works for the community partnership unit at district 5 and that he's here to address questions in regards of the nuisance process which happened twice this year with this location: the first in March and the second in August.
Ald. Coggs asked if the applicant was able to fulfill the whole abatement plan for the first nuisance designation.
Officer Garland said that they fulfilled those obligations.
Ald. Pratt asked if the abatement plan included a security guard.
Officer Garland said that it did not include a security guard.
Atty. Obviagele asked Officer Garland if the owner/staff attempted to conceal evidence in anyway.
Officer Garland responded that he can only speak for the calls that he responded personally and that he did not see things of that nature.
Ald. Coggs asked the applicant if he tried to stay open after the shooting and why?
Mr. Nagra said that the store was open but that they were not doing business to his knowledge.
Ald. Coggs said that the applicant did not challenge the testimony of Mr. Payon and that she wants to know what is the procedure or what is written in the handbook when incidents happen.
The applicant said that the staff must call him, to give the police what they want and to lock the doors.
Ald. Coggs asked the applicant if anyone told him that Mr. Pinkin was carrying a gun inside the premises.
The applicant said that no one told him.
Ald. Coggs asked if it's true that Mr. Pinkin got paid after the incident and that he was allowed to leave.
The applicant said that nobody paid him anything.
Ald. Pratt said that if the policy is to call him, asked the applicant if the staff is supposed to call him first before the police.
The applicant said that the staff must call the police first and then call him.
Ald. Borkowski said to the public that he is support of the revocation of these licenses and excused himself from the hearing as he had another commitment to attend at his district.
Ald. Pratt said that she does not want to prolong this any longer, that she understands how difficult it is to transpire what happened on that day, to know how preventable it was and to have that extra layer on how to make the difference.
Ald. Pratt moved for the revocation of the Extended Hours Establishments, Filling Station, Food Dealer and Weights & Measures licenses based upon the preponderance of the evidence in the police report and neighborhood testimony that speaks to the fact that the clerk continued to operate as Isaiah's Allen body was on the ground and also due the on going experiences of the residents inside the store which demonstrates that the operation results in a threat to the health, safety and welfare of the public.
Ald. Coggs said that she did not expect after the death of someone at a location to hear so much blame on politicians, the neighborhood, society and the city at large. She said that we all know that there are hundreds of corner stores, liquor stores, gas stations that never come before this committee, never have someone killed on their property and don't even have the long list of issues that neighbors came here to tell us about today. She recognized that we are facing challenges with the crime level and public safety issues and that it is obvious also, that some business people get it right, that they look for solutions, that they are respectful to the neighbors and customers, maybe they do background checks, real training, fill out real paperwork and have the proper signage at their businesses. She added that there are several solutions that all can be suggested to prevent that something like this ever happen. She said that she also understands that is not always the fault of the owner but that her expectation is that business owners come prepared with changes, with things that might work better and prevent the issues from happening again and that she heard none of them today.
Ald. Coggs said that she will be supporting the motion because of the death that happened here, the negligence of management in so many different ways and all the testimony given here today on top of the fact that the applicant was here back in April saying that he was going to add security.
Ald. Brostoff said that he is concerned about the fact that this applicant owns another businesses in the city and that this committee will be vigilant about the games that are played transferring ownerships, etc. because the stakes are so high and people are at risk. He also thanked the family and neighbors who came here today.
Ald. Coggs said that Ald. Pratt's motion is for the revocation of the Extended Hours Establishments, Filling Station, Food Dealer and Weights & Measures licenses based upon the preponderance of the evidence in the police report, the applicant and the neighborhood testimony and the failure to comply with the approved plan of operation which demonstrates that the operation results in a threat to the health, safety and welfare of the public. There were no objections. (Prevailed 3 0)
| Pass | 3:0 |
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