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,,,� _
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❑ wwr�a�aQxcFSme. ❑ wwivata�mm,�mmo
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(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
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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
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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,,,� _
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❑ 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
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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