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98-945Council File # �� �J OR�GINAL Presented By Referred To RESOLUTTON CITY OF SAINT PAUL, MINNESOTA Green Sheet # 62278 t,Ll 2 3 RESOLVED, that the Licensee, Chang O'Hara's Bistro, Inc. d/b/a Chang O'Hara's 4 Bistro (I,icense ID No. 49335), located at 498 Selby Avenue in Saint Paul is hereby ordered to 5 pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minar. 6 9 10 11 12 13 14 Said fine sha11 be paid to the Office of License, Inspections and Environmental Protection within thirry (30) days of the adoption of this resolution by the Council and signahue by the Mayor. This resolution and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of:� y^ `-'i�f^"7 By: Form Approve by Ci[y Attarney By: Approved by ayor for Submission to Council Adoption Certified by Council Secretary By: Approved by By: By: Adopted by Council: Date O��, � y��q�FJ � �� � , c�cy caun��i Pl�ACT PFRSON 8 PFiONI Councilmember 14. 1998 - Public Hear. TOTAL � OF SIGNATURE PAGES � qb' 'q`fS GREEN SHEET No 62278 ■ u �..R,�,. ��. � d,,,� _ � ❑ �,,,,,,�. ❑ �„� _ ❑ wwr�a�aQxcFSme. ❑ wwivata�mm,�mmo ❑wvael��srAMn ❑. (CL1P ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against cigarette license held by Chang 0'Hara's Bistro, Inc., dba Chang 0'Hara's, 498 Se1by Avenue. (Uncontested) PIANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF IF iIOUNT OF TRANSACTION S SOURGE RSONAL SERVICE CON71GLT5 MUST ANSWER iHE FOLLOWING QUESTIONS: F�85 }hl6 PQI50(IIRIII EV2f WOf�(fd �M2f 8 C011�18C110f �1118 d2GaRl112ld? YES NO Viasthis ce�M��m era heen a citv empbyee9 YES NO �oes this persoNfnm possesc a sldll not rwm�altypoesessed by airy cutteM aty empbyee? VES NO Is this peison?rtn a fargetetl vendoYt YES NO CAST/REVENUE BUDfiE7ED �CIRCLE ONE) YES NO ACTIVITYNUMBER (IXPWN) a� UNCONTESTED LICENSE HEARING Licensee Name: Chang O'Hara's Bistro, Inc. d/b/a Chang O'Hara's Bistro Address: 498 Selby Ave. Council Hearing Date: October 14, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pauf legisiative Code § 324.07 Date: July 15, 1998 Pface: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of cfient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Compliance Report OFFICT' `�F THE CITY ATTORNEY CIa�•lon. obinsan. Jr, Ci1}�Atlorney CITY OP SAINT PAUL Norm Coleman, Mayor CmiT Drvision 400 Ciry Hall I S H'est Kellogg Blvd. Saint Pau7, Minnesota 55102 Telephone: 65! 266-8710 Fncsimi7e: 65) 198-5679 August 20, 1998 NOTICE OF VIOLATION Owner/Manager Chang O'Hara's Bistro 498 Selby Avenue Saint Paul, Minnesota 55102 RE: Cigarette license held by Chang O`Hara's Bistro, Inc. d/b/a Chang O'Hara's Bistro for the premises located at 498 Selby Ave. in St. Paul License ID No.: 49335 Dear Su/Madam: fihe Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your cigarette license held at the above-named address. This recommendation is based on the foliowing: On Tuly 15, 199$, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609.685 and Saint Paui Legislative Code §324.07. Since this is a fust violation, the licensing office wiil recommend a$200.00 fine. At this time you have three options on how to proceed: If you do not dispute the above facts, please send me a letter with a statement to that effect by Monday, August 31, 1998. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You wiil have an opportunity to appeaz before the Council and make a statement on your own behalf as to the penalty, if any, to be imposed. Page 2 Chang O'Hara's Bistro August 20, 1998 �I�' 2. Alternatively, if you do not dispute the facts and do not wish to have a public hearing, you w�ill need to pay the recommended fine for this violation. If this is your choice, you should make payment directly to the Office of License Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. Ihe letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a��aiver of the of the hearing to which you aze entitled. An envelope has been provided if this is your choice. If you do dispute the above facts a hearing wili be scheduled before an Administrative Law Judge. At that hearing both you and the City wrili be able to appear and present wimesses, evidence and cross-examine the other's w�tnesses. The St. Paul Ciry Council wili ultimately decide the case. ff this is your choice, please advise my legal assistant, Peter Pangborn, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-871Q. If we have not heard from you by Monday, August 31,1998, we will assume that you do not contest the facts and will schedule this before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, ^ , G� �/-� `�� Virgnua D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer District 8, Summit-University Planniug Council, 627 Selby Ave., St. Paul, MN 55104 � a �.qys STATE OF MINNESOTA ) ) COUNPY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 20, 1998, she served the attached NOTICE QF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Chang 0'Hara's Bistro 498 Selby Avenue St. Paul, MN. 55102 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 20th day of August, 1998. '� PETER P.PANG64RN Notary Publi ARYPUBUC-MINNESOTA My Carcn. F.�ires Jan. st. 200 , �� �o In n W w a> m O N 'p� C r � rn d ' o i� R I J 10 a L�io � G � � 0 rs E � 0 w c d N C d V J N 7 � � N d > �¢ O N � �� F- � N � N � c � U f6 ._.1 � U � L o � N � � Z V�l (`� � M rn J � l I �r W I , > } N a N Im � J � �W � � L � o a� � � m � � m 4 � O Z � m Z 0 Q _ U � � m � 41� N Q Z � o Z a 'U �U c �o I� I.� � m ip � d m a W N C d � E 3 Z U a U C m � N c a� E N Z �+ C n E O U U C � � � C � a � 7 Z d O � t � a °'' N N � N � c � m � 0 � m n n � U Z Z � W J Q N � � N V C 7 � m� 3 � Q� J y a> � m� �� c O_ a � Z °' O c LL � a P: 4 ui �N} � .� � � LO U J � J J V - f" C Q. O_� J E �-o m mm �o O ;_. � � p. O U M N � d i d O!=Mr � N �p LLac�. �LL v N (C� mNO NO? � 7 a �t v o � ������ ; °� g .c � �o�aa � d � i-aUdm�� > c\ a N p �QSk �o.a �*, � � @aaQa4 �� c a� x� �� �' a'' N W'OtnN'ONO UN p � G Ctl NLLU �-�V-, �--QN QaQN V CD � C+-' EJQJ UJ 3Z - a � G N C��� m d ¢ v�0 00� J V •� Q C� NNV NON!!� l6 W O�'o�� °>p mY���O aS� Co �o a �o O7�o rnW N � �rni�b�rn M..lLL<e-e-f�O.r00� a�'9"S OFFICE OF LICENSE, Ilr'SPECTIONS AND ED.^/1RONMENTAL PROTECTION Robert Kessler, Direclor CITY OF SAINT PAUL Norm Coleman, Ir1a��or LOWRYPROFESSlONAL BUILDING Suite 300 350 St. Peter Slreei Saint Pnvl, �Lfinnesala SSlO?-l510 �� Telephone: 6(1-266-9090 Facsimile: 611-2669099 612-166-9f24 TOBACCO COFIPLIA�'�CE CHECIi FOR1'I C.N. DATE: �`�`j ��`6 TLVfE: a�.n� � LICENSE I.D. NUMBER: OC� �G C 335 NAME OF CO�tiIPLIANCE CHECKER �� �+ - / NAME OF ADULT SUPERVISOR: Y�.,'w' L� l:%��C1S/�Zt�,4E`� ! n� _ .i 1 � NAME & ADDRESS OF LICENSED ���5 �-h< < . /� v�-. Ss�e:�- TYPE OF ESTABLISHMENT: `a�" • WAS'TIIETOBACCO: SELF-SERV£?_ ASSISTED?_ MACHIDIE?�_ �VHERE WAS THE MACHINE LOCATED? rns.�' :in � A,t'�C'_lL_ DOES THE ESTABLISHMENT ALLOW MINORS? SALE WAS MADE: YES� NO_ BRAND `-- �-�X WAS AN I.D. REQUESTED? �U� NAME OF CLERK: �'+r� `�-�^'� �� � S � SEX: M_ F.�_ DRIVER'S LICENSE #/ OTHER I.D. TYPE OF I.D. I.D. # AMOUNT SPENT ON PURCHASE: �. S O IF A SALE WAS NOT MADE: REASON (CHECK ONE) ■ ■ ■ ■ ■ 1) I.D. WAS CHECKED 2) BUSINESS CLOSED 3) OUT OF BUSINESS 4) UNSATISFACTORY CONDITIONS 5) DOES NOT SELL TOBACCO OFFICE OF THE CITY ATTORNEY Clayton M Robirsson, Jc, Ciry Attorney CITY OF SAINT PAUL Norm Coleman, Mayor September I5, 1998 Civil Division � 400CiryHa/l Telephone:657266-8i70 15 Wes1 Kellogg Blvd Foaimile: 657 298-5619 Saint Paul, Mir+nesota SSIO2 CGUf:�::?5���°:G". v8i":�C NOTICE OF COUNCIL HEARING Owner/Manager Chang O'Haza's Bisiro 498 Selby Avenue Saint Paul, Minnesota 55102 ! , . ,� � RE: Cigazette license held by Chang O'Haza's Bistro, Inc. d/b/a Chang O'Hara's Bistro for the premises located at 498 Selby Ave. in St. Paul License ID No. : 49335 Our File Number: G98-0339 Dear Sir/Madam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 14,1998 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts contained in the report conceming the unlawful sale of cigarettes have not been disputed. You will have an opporhxnity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendarion of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, � ���`� �-� Virguu�a D:'Palmer Assistant City Attorney ����� cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer District 8, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 Council File # �� �J OR�GINAL Presented By Referred To RESOLUTTON CITY OF SAINT PAUL, MINNESOTA Green Sheet # 62278 t,Ll 2 3 RESOLVED, that the Licensee, Chang O'Hara's Bistro, Inc. d/b/a Chang O'Hara's 4 Bistro (I,icense ID No. 49335), located at 498 Selby Avenue in Saint Paul is hereby ordered to 5 pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minar. 6 9 10 11 12 13 14 Said fine sha11 be paid to the Office of License, Inspections and Environmental Protection within thirry (30) days of the adoption of this resolution by the Council and signahue by the Mayor. This resolution and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of:� y^ `-'i�f^"7 By: Form Approve by Ci[y Attarney By: Approved by ayor for Submission to Council Adoption Certified by Council Secretary By: Approved by By: By: Adopted by Council: Date O��, � y��q�FJ � �� � , c�cy caun��i Pl�ACT PFRSON 8 PFiONI Councilmember 14. 1998 - Public Hear. TOTAL � OF SIGNATURE PAGES � qb' 'q`fS GREEN SHEET No 62278 ■ u �..R,�,. ��. � d,,,� _ � ❑ �,,,,,,�. ❑ �„� _ ❑ wwr�a�aQxcFSme. ❑ wwivata�mm,�mmo ❑wvael��srAMn ❑. (CL1P ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against cigarette license held by Chang 0'Hara's Bistro, Inc., dba Chang 0'Hara's, 498 Se1by Avenue. (Uncontested) PIANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF IF iIOUNT OF TRANSACTION S SOURGE RSONAL SERVICE CON71GLT5 MUST ANSWER iHE FOLLOWING QUESTIONS: F�85 }hl6 PQI50(IIRIII EV2f WOf�(fd �M2f 8 C011�18C110f �1118 d2GaRl112ld? YES NO Viasthis ce�M��m era heen a citv empbyee9 YES NO �oes this persoNfnm possesc a sldll not rwm�altypoesessed by airy cutteM aty empbyee? VES NO Is this peison?rtn a fargetetl vendoYt YES NO CAST/REVENUE BUDfiE7ED �CIRCLE ONE) YES NO ACTIVITYNUMBER (IXPWN) a� UNCONTESTED LICENSE HEARING Licensee Name: Chang O'Hara's Bistro, Inc. d/b/a Chang O'Hara's Bistro Address: 498 Selby Ave. Council Hearing Date: October 14, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pauf legisiative Code § 324.07 Date: July 15, 1998 Pface: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of cfient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Compliance Report OFFICT' `�F THE CITY ATTORNEY CIa�•lon. obinsan. Jr, Ci1}�Atlorney CITY OP SAINT PAUL Norm Coleman, Mayor CmiT Drvision 400 Ciry Hall I S H'est Kellogg Blvd. Saint Pau7, Minnesota 55102 Telephone: 65! 266-8710 Fncsimi7e: 65) 198-5679 August 20, 1998 NOTICE OF VIOLATION Owner/Manager Chang O'Hara's Bistro 498 Selby Avenue Saint Paul, Minnesota 55102 RE: Cigarette license held by Chang O`Hara's Bistro, Inc. d/b/a Chang O'Hara's Bistro for the premises located at 498 Selby Ave. in St. Paul License ID No.: 49335 Dear Su/Madam: fihe Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your cigarette license held at the above-named address. This recommendation is based on the foliowing: On Tuly 15, 199$, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609.685 and Saint Paui Legislative Code §324.07. Since this is a fust violation, the licensing office wiil recommend a$200.00 fine. At this time you have three options on how to proceed: If you do not dispute the above facts, please send me a letter with a statement to that effect by Monday, August 31, 1998. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You wiil have an opportunity to appeaz before the Council and make a statement on your own behalf as to the penalty, if any, to be imposed. Page 2 Chang O'Hara's Bistro August 20, 1998 �I�' 2. Alternatively, if you do not dispute the facts and do not wish to have a public hearing, you w�ill need to pay the recommended fine for this violation. If this is your choice, you should make payment directly to the Office of License Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. Ihe letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a��aiver of the of the hearing to which you aze entitled. An envelope has been provided if this is your choice. If you do dispute the above facts a hearing wili be scheduled before an Administrative Law Judge. At that hearing both you and the City wrili be able to appear and present wimesses, evidence and cross-examine the other's w�tnesses. The St. Paul Ciry Council wili ultimately decide the case. ff this is your choice, please advise my legal assistant, Peter Pangborn, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-871Q. If we have not heard from you by Monday, August 31,1998, we will assume that you do not contest the facts and will schedule this before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, ^ , G� �/-� `�� Virgnua D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer District 8, Summit-University Planniug Council, 627 Selby Ave., St. Paul, MN 55104 � a �.qys STATE OF MINNESOTA ) ) COUNPY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 20, 1998, she served the attached NOTICE QF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Chang 0'Hara's Bistro 498 Selby Avenue St. Paul, MN. 55102 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 20th day of August, 1998. '� PETER P.PANG64RN Notary Publi ARYPUBUC-MINNESOTA My Carcn. F.�ires Jan. st. 200 , �� �o In n W w a> m O N 'p� C r � rn d ' o i� R I J 10 a L�io � G � � 0 rs E � 0 w c d N C d V J N 7 � � N d > �¢ O N � �� F- � N � N � c � U f6 ._.1 � U � L o � N � � Z V�l (`� � M rn J � l I �r W I , > } N a N Im � J � �W � � L � o a� � � m � � m 4 � O Z � m Z 0 Q _ U � � m � 41� N Q Z � o Z a 'U �U c �o I� I.� � m ip � d m a W N C d � E 3 Z U a U C m � N c a� E N Z �+ C n E O U U C � � � C � a � 7 Z d O � t � a °'' N N � N � c � m � 0 � m n n � U Z Z � W J Q N � � N V C 7 � m� 3 � Q� J y a> � m� �� c O_ a � Z °' O c LL � a P: 4 ui �N} � .� � � LO U J � J J V - f" C Q. O_� J E �-o m mm �o O ;_. � � p. O U M N � d i d O!=Mr � N �p LLac�. �LL v N (C� mNO NO? � 7 a �t v o � ������ ; °� g .c � �o�aa � d � i-aUdm�� > c\ a N p �QSk �o.a �*, � � @aaQa4 �� c a� x� �� �' a'' N W'OtnN'ONO UN p � G Ctl NLLU �-�V-, �--QN QaQN V CD � C+-' EJQJ UJ 3Z - a � G N C��� m d ¢ v�0 00� J V •� Q C� NNV NON!!� l6 W O�'o�� °>p mY���O aS� Co �o a �o O7�o rnW N � �rni�b�rn M..lLL<e-e-f�O.r00� a�'9"S OFFICE OF LICENSE, Ilr'SPECTIONS AND ED.^/1RONMENTAL PROTECTION Robert Kessler, Direclor CITY OF SAINT PAUL Norm Coleman, Ir1a��or LOWRYPROFESSlONAL BUILDING Suite 300 350 St. Peter Slreei Saint Pnvl, �Lfinnesala SSlO?-l510 �� Telephone: 6(1-266-9090 Facsimile: 611-2669099 612-166-9f24 TOBACCO COFIPLIA�'�CE CHECIi FOR1'I C.N. DATE: �`�`j ��`6 TLVfE: a�.n� � LICENSE I.D. NUMBER: OC� �G C 335 NAME OF CO�tiIPLIANCE CHECKER �� �+ - / NAME OF ADULT SUPERVISOR: Y�.,'w' L� l:%��C1S/�Zt�,4E`� ! n� _ .i 1 � NAME & ADDRESS OF LICENSED ���5 �-h< < . /� v�-. Ss�e:�- TYPE OF ESTABLISHMENT: `a�" • WAS'TIIETOBACCO: SELF-SERV£?_ ASSISTED?_ MACHIDIE?�_ �VHERE WAS THE MACHINE LOCATED? rns.�' :in � A,t'�C'_lL_ DOES THE ESTABLISHMENT ALLOW MINORS? SALE WAS MADE: YES� NO_ BRAND `-- �-�X WAS AN I.D. REQUESTED? �U� NAME OF CLERK: �'+r� `�-�^'� �� � S � SEX: M_ F.�_ DRIVER'S LICENSE #/ OTHER I.D. TYPE OF I.D. I.D. # AMOUNT SPENT ON PURCHASE: �. S O IF A SALE WAS NOT MADE: REASON (CHECK ONE) ■ ■ ■ ■ ■ 1) I.D. WAS CHECKED 2) BUSINESS CLOSED 3) OUT OF BUSINESS 4) UNSATISFACTORY CONDITIONS 5) DOES NOT SELL TOBACCO OFFICE OF THE CITY ATTORNEY Clayton M Robirsson, Jc, Ciry Attorney CITY OF SAINT PAUL Norm Coleman, Mayor September I5, 1998 Civil Division � 400CiryHa/l Telephone:657266-8i70 15 Wes1 Kellogg Blvd Foaimile: 657 298-5619 Saint Paul, Mir+nesota SSIO2 CGUf:�::?5���°:G". v8i":�C NOTICE OF COUNCIL HEARING Owner/Manager Chang O'Haza's Bisiro 498 Selby Avenue Saint Paul, Minnesota 55102 ! , . ,� � RE: Cigazette license held by Chang O'Haza's Bistro, Inc. d/b/a Chang O'Hara's Bistro for the premises located at 498 Selby Ave. in St. Paul License ID No. : 49335 Our File Number: G98-0339 Dear Sir/Madam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 14,1998 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts contained in the report conceming the unlawful sale of cigarettes have not been disputed. You will have an opporhxnity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendarion of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, � ���`� �-� Virguu�a D:'Palmer Assistant City Attorney ����� cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer District 8, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104 Council File # �� �J OR�GINAL Presented By Referred To RESOLUTTON CITY OF SAINT PAUL, MINNESOTA Green Sheet # 62278 t,Ll 2 3 RESOLVED, that the Licensee, Chang O'Hara's Bistro, Inc. d/b/a Chang O'Hara's 4 Bistro (I,icense ID No. 49335), located at 498 Selby Avenue in Saint Paul is hereby ordered to 5 pay a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minar. 6 9 10 11 12 13 14 Said fine sha11 be paid to the Office of License, Inspections and Environmental Protection within thirry (30) days of the adoption of this resolution by the Council and signahue by the Mayor. This resolution and the action of the Council in this matter aze based upon the facts contained in the Notice of Violation letter to the licensee, the compliance report, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of:� y^ `-'i�f^"7 By: Form Approve by Ci[y Attarney By: Approved by ayor for Submission to Council Adoption Certified by Council Secretary By: Approved by By: By: Adopted by Council: Date O��, � y��q�FJ � �� � , c�cy caun��i Pl�ACT PFRSON 8 PFiONI Councilmember 14. 1998 - Public Hear. TOTAL � OF SIGNATURE PAGES � qb' 'q`fS GREEN SHEET No 62278 ■ u �..R,�,. ��. � d,,,� _ � ❑ �,,,,,,�. ❑ �„� _ ❑ wwr�a�aQxcFSme. ❑ wwivata�mm,�mmo ❑wvael��srAMn ❑. (CL1P ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against cigarette license held by Chang 0'Hara's Bistro, Inc., dba Chang 0'Hara's, 498 Se1by Avenue. (Uncontested) PIANNING COMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION IF IF iIOUNT OF TRANSACTION S SOURGE RSONAL SERVICE CON71GLT5 MUST ANSWER iHE FOLLOWING QUESTIONS: F�85 }hl6 PQI50(IIRIII EV2f WOf�(fd �M2f 8 C011�18C110f �1118 d2GaRl112ld? YES NO Viasthis ce�M��m era heen a citv empbyee9 YES NO �oes this persoNfnm possesc a sldll not rwm�altypoesessed by airy cutteM aty empbyee? VES NO Is this peison?rtn a fargetetl vendoYt YES NO CAST/REVENUE BUDfiE7ED �CIRCLE ONE) YES NO ACTIVITYNUMBER (IXPWN) a� UNCONTESTED LICENSE HEARING Licensee Name: Chang O'Hara's Bistro, Inc. d/b/a Chang O'Hara's Bistro Address: 498 Selby Ave. Council Hearing Date: October 14, 1998 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Pauf legisiative Code § 324.07 Date: July 15, 1998 Pface: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of cfient, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Compliance Report OFFICT' `�F THE CITY ATTORNEY CIa�•lon. obinsan. Jr, Ci1}�Atlorney CITY OP SAINT PAUL Norm Coleman, Mayor CmiT Drvision 400 Ciry Hall I S H'est Kellogg Blvd. Saint Pau7, Minnesota 55102 Telephone: 65! 266-8710 Fncsimi7e: 65) 198-5679 August 20, 1998 NOTICE OF VIOLATION Owner/Manager Chang O'Hara's Bistro 498 Selby Avenue Saint Paul, Minnesota 55102 RE: Cigarette license held by Chang O`Hara's Bistro, Inc. d/b/a Chang O'Hara's Bistro for the premises located at 498 Selby Ave. in St. Paul License ID No.: 49335 Dear Su/Madam: fihe Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your cigarette license held at the above-named address. This recommendation is based on the foliowing: On Tuly 15, 199$, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609.685 and Saint Paui Legislative Code §324.07. Since this is a fust violation, the licensing office wiil recommend a$200.00 fine. At this time you have three options on how to proceed: If you do not dispute the above facts, please send me a letter with a statement to that effect by Monday, August 31, 1998. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You wiil have an opportunity to appeaz before the Council and make a statement on your own behalf as to the penalty, if any, to be imposed. Page 2 Chang O'Hara's Bistro August 20, 1998 �I�' 2. Alternatively, if you do not dispute the facts and do not wish to have a public hearing, you w�ill need to pay the recommended fine for this violation. If this is your choice, you should make payment directly to the Office of License Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. Ihe letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a��aiver of the of the hearing to which you aze entitled. An envelope has been provided if this is your choice. If you do dispute the above facts a hearing wili be scheduled before an Administrative Law Judge. At that hearing both you and the City wrili be able to appear and present wimesses, evidence and cross-examine the other's w�tnesses. The St. Paul Ciry Council wili ultimately decide the case. ff this is your choice, please advise my legal assistant, Peter Pangborn, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-871Q. If we have not heard from you by Monday, August 31,1998, we will assume that you do not contest the facts and will schedule this before the City Council for hearing. If you have any questions, you may contact me at 266-8710. Sincerely, ^ , G� �/-� `�� Virgnua D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer District 8, Summit-University Planniug Council, 627 Selby Ave., St. Paul, MN 55104 � a �.qys STATE OF MINNESOTA ) ) COUNPY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 20, 1998, she served the attached NOTICE QF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Chang 0'Hara's Bistro 498 Selby Avenue St. Paul, MN. 55102 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 20th day of August, 1998. '� PETER P.PANG64RN Notary Publi ARYPUBUC-MINNESOTA My Carcn. F.�ires Jan. st. 200 , �� �o In n W w a> m O N 'p� C r � rn d ' o i� R I J 10 a L�io � G � � 0 rs E � 0 w c d N C d V J N 7 � � N d > �¢ O N � �� F- � N � N � c � U f6 ._.1 � U � L o � N � � Z V�l (`� � M rn J � l I �r W I , > } N a N Im � J � �W � � L � o a� � � m � � m 4 � O Z � m Z 0 Q _ U � � m � 41� N Q Z � o Z a 'U �U c �o I� I.� � m ip � d m a W N C d � E 3 Z U a U C m � N c a� E N Z �+ C n E O U U C � � � C � a � 7 Z d O � t � a °'' N N � N � c � m � 0 � m n n � U Z Z � W J Q N � � N V C 7 � m� 3 � Q� J y a> � m� �� c O_ a � Z °' O c LL � a P: 4 ui �N} � .� � � LO U J � J J V - f" C Q. O_� J E �-o m mm �o O ;_. � � p. O U M N � d i d O!=Mr � N �p LLac�. �LL v N (C� mNO NO? � 7 a �t v o � ������ ; °� g .c � �o�aa � d � i-aUdm�� > c\ a N p �QSk �o.a �*, � � @aaQa4 �� c a� x� �� �' a'' N W'OtnN'ONO UN p � G Ctl NLLU �-�V-, �--QN QaQN V CD � C+-' EJQJ UJ 3Z - a � G N C��� m d ¢ v�0 00� J V •� Q C� NNV NON!!� l6 W O�'o�� °>p mY���O aS� Co �o a �o O7�o rnW N � �rni�b�rn M..lLL<e-e-f�O.r00� a�'9"S OFFICE OF LICENSE, Ilr'SPECTIONS AND ED.^/1RONMENTAL PROTECTION Robert Kessler, Direclor CITY OF SAINT PAUL Norm Coleman, Ir1a��or LOWRYPROFESSlONAL BUILDING Suite 300 350 St. Peter Slreei Saint Pnvl, �Lfinnesala SSlO?-l510 �� Telephone: 6(1-266-9090 Facsimile: 611-2669099 612-166-9f24 TOBACCO COFIPLIA�'�CE CHECIi FOR1'I C.N. DATE: �`�`j ��`6 TLVfE: a�.n� � LICENSE I.D. NUMBER: OC� �G C 335 NAME OF CO�tiIPLIANCE CHECKER �� �+ - / NAME OF ADULT SUPERVISOR: Y�.,'w' L� l:%��C1S/�Zt�,4E`� ! n� _ .i 1 � NAME & ADDRESS OF LICENSED ���5 �-h< < . /� v�-. Ss�e:�- TYPE OF ESTABLISHMENT: `a�" • WAS'TIIETOBACCO: SELF-SERV£?_ ASSISTED?_ MACHIDIE?�_ �VHERE WAS THE MACHINE LOCATED? rns.�' :in � A,t'�C'_lL_ DOES THE ESTABLISHMENT ALLOW MINORS? SALE WAS MADE: YES� NO_ BRAND `-- �-�X WAS AN I.D. REQUESTED? �U� NAME OF CLERK: �'+r� `�-�^'� �� � S � SEX: M_ F.�_ DRIVER'S LICENSE #/ OTHER I.D. TYPE OF I.D. I.D. # AMOUNT SPENT ON PURCHASE: �. S O IF A SALE WAS NOT MADE: REASON (CHECK ONE) ■ ■ ■ ■ ■ 1) I.D. WAS CHECKED 2) BUSINESS CLOSED 3) OUT OF BUSINESS 4) UNSATISFACTORY CONDITIONS 5) DOES NOT SELL TOBACCO OFFICE OF THE CITY ATTORNEY Clayton M Robirsson, Jc, Ciry Attorney CITY OF SAINT PAUL Norm Coleman, Mayor September I5, 1998 Civil Division � 400CiryHa/l Telephone:657266-8i70 15 Wes1 Kellogg Blvd Foaimile: 657 298-5619 Saint Paul, Mir+nesota SSIO2 CGUf:�::?5���°:G". v8i":�C NOTICE OF COUNCIL HEARING Owner/Manager Chang O'Haza's Bisiro 498 Selby Avenue Saint Paul, Minnesota 55102 ! , . ,� � RE: Cigazette license held by Chang O'Haza's Bistro, Inc. d/b/a Chang O'Hara's Bistro for the premises located at 498 Selby Ave. in St. Paul License ID No. : 49335 Our File Number: G98-0339 Dear Sir/Madam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 14,1998 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing in that the facts contained in the report conceming the unlawful sale of cigarettes have not been disputed. You will have an opporhxnity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. The recommendarion of the license office will be for a$200.00 fine. If you have any questions, please call me at 266-8710. Very truly yours, � ���`� �-� Virguu�a D:'Palmer Assistant City Attorney ����� cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Community Organizer District 8, Summit-University Planning Council, 627 Selby Ave., St. Paul, MN 55104