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99-913�,��.�� v�,��o� ��.�,�, s � �. �-a. ��a.�, RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # �� — \3 Green Sheet #\ O O� Q F'j Committee: Date WF�REAS, Eileen and Michael Ciurazu, d/b/a Mystical Genie (License ID # 990001193) have a Cigazette License for the premises located at 1111 Arcade Street in Saint Paul; and 10 11 12 13 14 15 16 17 18 19 WF3EREAS, a Notice of Violation was served by mail upon the License holders on August 5, 1999, advising them of two violations involving the sale of tobacco to underage persons from July 22, 1999 and August 3, 1999, and fiu•ther advised them of their right to a hearing to contest the violations; and WHEREAS, License holders did not request a hearing to contest the violations, nor did they appear at the public hearing before the City Council; and WHEREAS, the License holders have two prior violations far sale of tobacco products to an underage person from Ju1y 8, 1998 and October 6, 1998, making this the third and fourth violations; and WHEREAS, the presuxnptive penalty matrix of Saint Paul Legislative Code Chapter 324 ca11s for revocation of the license on the fourth violafion; and 20 Wf�REAS, even if this penalty were deemed to be a deviation from the presumptive 21 penalty for a third violation, the existence of four violations in a thirteen month period, two of 22 them within a two week time period, evidences a lack of intent to comply with the laws relating 23 to the sale of tobacco, and evidences a danger to the public health and welfare, as well as the 24 health of the individual minors, which would justify such a deviation; now therefore be it 25 `19 -q t3 RESOLVED, that the Cigarette License held by Eileen and Michael Ciuraru d/b/a Mystical Genie (License ID # 990001193), for the premises located at 1111 Arcade Street in Saint Paul, is hereby revoked, and a fine in the amount of $500.00 is imposed � This resolution and the action of the Council in this matter aze based upon the facts contained in the August 5, 1999 Notice of Violation letter to the licensee, the July 22, 1999 and August 3, 1999 compliance reports, and such azguments as may have been presented to the Council at the public hearing. Requested by Department of: By: Appx By: By: Form Approved by City Attorne� By: (/�/�,v/WI/� v C� //+t,Pi'1 Approved by Mayor for Submission to Council By: Adopted by Council: Date ��q Adoption Certified by Council Secretary �� Office of LIEP Robert Ressler 22, 1999 Public rwrea� wn ROIIT�xc OROHt TOTAL # OF SIGNATURE PAGES GREEN SHEET �q-91� No 1 �??O8 u�� u��- ❑ q1YAifOpEY ❑ OIYCI.f11K ❑ wwxcw�amuccaoa� ❑ n'+xouu.a�nnKCrn ❑wrae(u�,uasuxrl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against the Cigarette License held by Eileen and Michael Ciuraru, dba Mystical Genie 1111 Arcade 3treet. (Uncontested) PLANNING COMMISSION CIB COMMf1TEE CIVIL SERVICE COMMISSION R9�YQ�iai SOURCE Has }hie PereoNfirm everwarked untler a wntnct tathie dM+�RmeM'! YES NO Hes Mis PeieoNfirm mer been a city empbyeel YES NO Doec this persoruTrin P� a sidll not normal�YPO%aeaced M�Y curteM city emDloyee? YES NO b MIB peisorrYTrm a tarpeted vendo(! YES NO olain all ves anaw�vs on aeuarate sheet eiM attach to areen sheet COST/REVOIUE BUDfiETm (CIRCLE ONE) ACTMTV NUMBER �I��;L•: INFORMATON (EJ�WN) a R� � y N A � council File # '{�� Green Sheet # ��Q�� v RESOLUTION CITY OF SAINT PAUL, MINNESOTA !�/a ^ Presented By Referred To RESOLVED, that the Cigarette License held by Eileen and Michael Ciur d/b/a Mystical Genie (License ID No. 490001193), located at 1111 Arcade Street in Saint Paul � hereby suspended for a period of sixty days beginning at 12:01 am. on Wednesday October 13, 99, until 1 L•59 pm. on Saturday, December 11,1999, for the violations of the sale of tobacco r tobacco products to a minor which occurred on July 22, 1999 and on August 3, 1999. This resolution and the action ofthe Council in this matter are ased upon the facts contained in the August 5,1999 Nofice of Violation letter to the licensee, the J ly 22,1999 and August 3,1999 Compliance reports, and such arguments as may have been pre nted to the Council at the public hearing. The facts were not contested by the licensee. Committee: Date Requested by Department of: Adopted by Council: Adoption Certified By: Approved by or: Council Secretary Date ! � / ` �:�Ii/ ,. L Form Approved by City Attorney BY � � (lr Lii�CC� � � �- Approved by Mayor for Svbmission to Council By: BY� qq.q�3 UNCONTESTED LICENSE HEARING Licensee Name; Eileen and Michael Ciuraru d/b!a Mysticat Genie Address: 1111 Arcade Street Council Hearing Date: September 22, 1999 Vio{ation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Dates of Violation: Place: July 22, 1999 & August 3, 1999 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 60 Day Suspension of Cigarette License Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Compliance Reports SAINT ' PAUL � AAAA CIT'Y OF SAINT pAITI, Norm Coleman, Mayor OFFICI � 'i'F;E CITY ATTORNgy Clayton M Robinson, Jr., CityAttorney qQ-9�: Civil Division 400CityHa11 Telephone:651166-87lp IS {Vest Kellogg Bfvd Saint Poul, Minnesota 55102 Facsimile: 651298-5619 August 5, 1999 NOTICE OF VIOLATION Eileen & Michael Ciuraru Mystical Genie I I 11 Arcade Street Saint Paul, MN 55106 RE: Cigarette license held by Eileen and Michael Ciuraru d/b/a Mystical Genie, for the premises at 1111 Arcade Street, Saint Pau1 LicenseID #: 990001193 Dear Mr. and Ms. Ciuraru: The Director of the Office of License, Inspections and Environmental Protection has recommended adverse action against the cigazette license held by you at 1 I 1 I Arcade Street in Saint Paul. The basis for the recommendation is as follows: On July 22, 1999, an individual under fhe age of eighfeen years entered the premises of Mystical Genie and asked to purchase cigaretfes. He was able to purchase a package of Marlboro cigarettes without being asked for any proof of age. On Augusf 3, 1999, an individual under the age of eighteen years entered the premises of Mystical Genie and asked to purchase cigarettes. This person was again able to purchase a package of Mariboro cigarettes without being asked for any proof of age. These sales were in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Monday, Au�ust 16, 1999. The matter Page 2 Mystical Genie Q� _ q ( 's August 5, 1999 � wili then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. If, on the other hand, you dispute the above facts, a hearing will be scheduled before an Adminisuative Law Judge. At that hearing both you and the City wi11 be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please send me a letter requesting the administrative hearing. If we have not heard from you by Monday, August 16,1999, we will assume that you do not contest the facts and will schedule this before the City Council for hearing. Please be advised that the clerks who were identified as having made the sales on these dates aze aiso being charged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate action from this license matter. If you have any questions, you may contact me at 266-8710. Sincerely, V �� r�/t Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Communiry Organizer, Payne Phalen District 5 Plannin� Council, 1014 Payne Ave., St. Paul, MN 55101 qg-�i3 5TATE OF COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLBMBNTS, being first duly sworn, deposes and says that on August 6, 1999, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Eileen & Michael Ciuraru Mystical Genie 1111 Arcade Street St. Paul, MN. 55106 (which is the last known address of the same, with postage prepaid, ir. Paul, Minnesota. Subscribed and sworn to before me this 6th d�q—pf Ayw�us,t�1999. Notary Pub P�ERN.NA�v�i�sur�N �- NOTARYPUBLIC .'• A�ty Comm. 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N � 6 N N 0 Q W � c d n E � Z �, U �o a U c m � N C N � N Z T C Q r C O U U c m � N C d s � 7 Z N 0 � N a `" N � � r a� ^ G m � O < m � � N F- � �.�� U � Q � � UN c � o - 6 @ N Q a� w LO > ¢ U m� 0 Y O� N U c � U C 1' N N fl- t � U p � U U � c� N 47 �. (U O U a a �.��' ��'U rnrn� O t\ N U o� r m OFFICE OF L[CENSE, I?iSPECTIONS AVD EWIAOY�tEMAL PAOTECTIOY Raben Kusler, Director CITY OF SAI�IT PAUL Norm Coleman, hfayor LOGVRYPROFESSlONAL BUILDLVG Sui�e 300 350 St. Peter Street Saint P¢ui, hfinnuota 53I D?-]510 TOBACCO COi�IPLIA.�CE CHECR FOR�i q9 -913 Telephorse: 6/2-? 66-9090 Facsimile: 6f 1-166-9099 6%Z-266-9724 DATE: �I a�.LCiCt TTME: '.� �. ( I LICENSE I.D. NUMBER: �!/ �� / NAME OF COMPLIANCE CHECKER: ��U ' 1VAME OF ADULT SUPERVISOR: 1...�M NAME & ADDRESS OF LICENSED 1 ` I � �`IYC.c�(X�- TYPE OF ESTABLISHMENT: � �VASTAETOBACCO: SELF-SERVE?_ ASSSSTED?� b1ACHINE?_ �VHERE �VAS THE MACHIP 1E LOCATED? DOES THE ESTABLISHMENT ALLO�V MNORS? �;k'�� SALE WAS MADE: YES� NO_ BRAND �Y1�I �� O f �VAS AN I.D. REQUESTED? f ^ i333 �� ha• NAME OF CLERK:�i C.I�F��F� �� S� SE�: M X F_ m. �3- t3S �os , -,�o ��l�,sz DESCRIPTION: � IG�C � -- DRIVER'S LICENSE �( OTHER I.D. TYPE OF AMOUNT SPENT ON PURCHASE: IF A SALE WAS NOT MADE: REASON (CHECK ONE) ❑ ❑ ❑ ❑ ❑ 1) I.D. WAS CHECKED 2) BUSINESS CLOSED 3) OUT OF BUSNESS 4) UNSATISFACTORY COiVDITIONS 5) tiVERE NOT ALLO�VED TO ENTER THE ESTABLISH�IENT I.D. 3-�5 � OFFICE OE LICE�SE, i�SPECTi0�5 A�D E\1�1R0`�tEVTAt PROTECTIO�! Roberf Kess7er, Director CI?Y OF SANT PAUL No�.a Colen:cn, bfc�or LO:iRYPROFc'SSIO.V,9L BUlLD(.VG SJite 3G0 350 St. Pe:er Sveet Sr.ir.t Pcaf, Afir.r.uo�a 5510?-JSIO TOB?,CCO CO�IPLIA.\CE CHECIi£OR.�I q9 -q►s Tt.'ejhor. e: 61?-? 65-9090 Fccs:ir.i:e: 6!?-?66-9099 613-?66-91?+ DaTE: ��J �c� TI�1E: I I�/� LICE\SEI.D.:�`iJ:viBER: 1�A�4E OF CO\IPLL4NCE CHECIiER: Y�.�-�C.z o1 I I co I� NAb4E OF ADULT SUYERVISOR: /t �1 � n \�� i C 2.– ' ?�A'�4E & ADDRESS OF LICE\SED I 9() I�rc c_ ck � TYPE OF EST.4BLISHV1Ei�T:�� r �� `i'AS THE TOBACCO: SELF-SERVE?_ ASSISTED? 1j M4CHI_\�?_ �t'HERE �VAS THE h�4CHItiE LOCA DOES THE ESI'ABLISHyIEhT ALLOGV MINORS? SALE WAS �1.4DE: YES .� I�O_ BRAIvTD f NAS AN I.D. REQUESTED? Y� • I�.4.�IE OF CLERF:: �-f�'W� \��o SEX: M_,� _ F— DRIVER'S LIC£NSE n/ OTHER I.D. TYPE OF AMOUNT SPENT ON PURCHASE: IF A SALE WAS NOI' MADE: REASON (CHECK 0?�B) ❑ ❑ � ❑ ❑ 1) I.D. WAS CHECP+ED 2) BUSPdESS CLOSED 3) Ot3T OF BUSIh'ESS 4) tJ:�`SATISFACTORY CO\TDITIO\S I.D. � Z • � $� J \�'.t�;L 5'-v-d . _ �, �� 5) ��'ERE NOT ALLOR'ED TO E\7ER THE ESTABLISF�fE?�'T �S License Group Comments Text Licensee: EILEEN & MICHAEL CIURARU �BA= MYSTICAL GENIE License #: 1ggg000��93 08I04/'Ig99 qq -9 �3 8/3/99 Failed compliance check. To CAO for adverse action. CAR 7/22/99 Failed cigarette compliance check. To CAO for adverse action. CAR License Group Comments Text Licensee: EILEEN & MICHAEL CIURARU �BA� MYSTICAL GENIE License #: 0037722 2-2S99—Cancel Iicenses. Licensee has moved to a new Iocation at 111 � Arqde St—Ik 70/20/98 - 5400 fine paid for sale of cigarettes to a minor- no hearing. CAR �ON4/98 Fortn A sent - second violation - sale of cigarettes to a minor. 5400 fine or council. CAR 072298 $200 fine paid for sale of cigarettes to a minoc CAR �� 1`�� 08/02/7999 q9-9ts q9-q Address ( �censee i Corrtact, License, Cardtwltler) Type: C` Praperty C` Licensee C Unoff�cial f� AO SYreet # 111 SYreetName RCADE Street Type: � jredion: <All> - Und # �— CHy: <A�I> t BEVERAGE (ttineraM Faod ��N�� x. � �:�h�� -�`.. � �i GENIE �9.q13 License SYre j C•' Property I Direi; Street #: — i Und i �� Namc � StreM Typc Qty; I Und Intl: � CRy: � Statc ! Ward: i 1 Dis[ Council: : I Licensee: DBA , � Sales Tax License Licensee � Lic.Types � � Insurence t Licensee �' Unofficiel 111 RCADE 5T Directian: � Unfl #: � fPAUL licensee ILEEN & MICHAEL CNRP.RU DBA STICAL GENIE � Bontl � RequiremeMs) : ProjectFaaRator. MARTENS,COWNNE � Adverse Action Commer2s CommeMs Zip: 55106, 'E �� i € . f ' F__. ___ _________' IURARU CommeMS:� �one: 651)776-4521 �x7`�e�t'ei� "�� 4+� !R o3roinsss I osm�n000 N ; R osro�nsss a3roirzaoo N R osroinsss � osm�rzoao N Seae Changes to History r � OFFICE OF THE CITY ATTORNEY Claylon M. Robinson, b., Ciry A!lorney CITY OF SAINT PAUL Narm Coleman, Mayor CivilDivision 400 City Ha11 IS West Kellogg Blvd. Saint Paul, Minnesota.i570? q9- Telephone: 65! 266�770 Facsimile: 65! 298-5619 September 8, 1999 NOTICE OF COUNCIL HEARING Eileen & Michael Ciuraru Mystical Genie 1111 Arcade Street Saint Paul, Minnesota 55106 RE: Cigazette license held by Eileen and Michael Ciuraru d/b/a Mystical Genie for the premises located at 1111 Arcade St. in St. Paul License ID No. : 990001193 Our File Number: G99-0281 Dear Mr. and Ms. Ciuraru: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, September 22, 1999 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 cigazettes have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penaity, if any, to be imposed. The recommendation of the license office will be for a 60 day suspension of your cigarette license. If you have any questions, please ca11 me at 266-8710. Very truly yours, -�V/ C� U C� Virginia almer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIBP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Plaiming Council, 1014 Payne Ave., St. Paul, MN 55101 aa-�� _ _ ---., . _- - ; Pending a hearing, Minnesota-:. �• ` stancIs t��lose $8.3 million: tiecause = _ itdiilntmeetcompliance`rates�on`� =_: � , ':;€(C..].: -_°:J✓^� �'-:- ,- =1ll� 1A}�C('A S�BS t0 II1lllOTS:.--- _-_ i, r. � : �_�:. J . n . � �:5: set to tr-ir� : �,:: ; state aid over:: ^ ^y�� teen tobacco � jy:� _ =: By Canrad deFiebre StarT7ibune StaffWriter Rejecting all of Minnesota's eaccuses for faiting to reduce illegal sales of tobacco to child;en„ ' federal officials aze proceeding with steps to dock the state $8.3 million in funding for diug- abuse ueahnent Minnesota, long considered a leader in th"e". antismoldng movement, was among only seven states and the District of Columbia that failed ta: �- meet 1998 target compliance rates with the na- tionwide ban on selling tobacco to those under '-18. Forty-three states met their targets and face, no cuts in funding. The potenrial federal penaltqcouldn't lie'im-' posed until after a hearing that Minnesota affi- cials have requested. The state receives about $20 million &om the federal government for chemical dependency treahnent, so-the penaky would be about 40 percent of that assistance. ._ Tom Moss, state depury commissioner of hu- man services, said Monday that that sanction would translate into a 10 percent cut neatyear in the state's chemical dependency treatment fund, which also receives state money. i :. i'.. I -•�� j _- � i . � f r TOBACO w�tnues on A� —Six otherstates, includinglowa, faited to meeY compliance goals Iast year. TOBACCO from A1 , �1 handful of other states also ri failed'to meet complic�nce goals Iastyeaz, 23,000 Minnesotans, Congress `to- craft a'statutory i not covered bq managed health change that maintains our com- caze received,services fin'anced miUuent-, to , reducing youth ` by the fund . smoldng, but permits ttie depart- "It's a significant lut," Moss ment to adjust the penaity sazd• viYs P�-" amount based on the relative se- U.S. Health and Human Ser- riousness of the deficiencies in a vices SecretazyDonna Shalala in- state's enforcementprogram." formed Gov. Jesse Ventura of t�e Besides Minnesota, thestates- ; impending cut in money in a let- that failed to meet tobacco sales' ' ter Friday. The two spoke by tele- compliance goals.last_yeaz were phone the same day and will do Delaware, Iowa, .Missouri; Ore- : so again today, Ventura spokes- gon;Rhode Island and Wyomin°. man Iohn Wodeie said. In 31 percent of sting open- Wodele gave no details of their rions = at about 600 Minnesota conversation, but Shalala sug- stores last.yeaz, undenge teens ,: gested in her letter that the pen- worldng � with authorities were ';` . altyrequiredbyCongress—a40 able to buy tobacco,.Ttiat was'-;, percent cut in federal drug-treat- well above the state's noncompli-, ment block grants — may be ance goal of 21 percent �d.also' ; dispropoitionate_" up'from results of 30 percenf in � She added: "I would welcome 1996 and 28 percent in 1997_ an opportuniry to work with the _ . € .�: , ,., `.. . � . . - 5 :�-� .., . . $�C'S BfgUR1eMS State officials,'including U.S. Sen Paul Wellstone, had azgued that Minnesota's disappointing showing was caused by several unusual factors, among them floods, tornadoes, low unemploy- ment and slow implementation by local authorities of the state's 1998 youth tobacco access law. _� _ _ . :,.<, _.. �. `� � :�; — -- ---�-- .;;�...,.,.,i=�. � _� ;,�,� '� — .�; � .. : Federal officiais bough�none ered their guazd"s wtien they`saw of it They said'that Minnesota's flx�:IDs: and giden only a ,.,� . :., woist natuial di§astess occurre$ a-. °;„cursory look ry M'nss said; ;,,- � , yeaz before tlie`' comp$ance ' In response"to ° ttiat protii�in, checks and that th'e sfate must state officiaLs announced ' a enforce its own laws. ';-=,, -. - change last week in the formatof As for the notion that a IIght driver's licenses for young peo- labor mazket s�apped retailers ple.Licensesissuedbeginningin with ine�perienced sales derks January will prominently show who inadvertenfly soId_ tobacco the dates of their holders' 18th to minors, a federal eompliance and 21st birthdays. ,. - review noted that "the unemploy- Moss also said that federa[of- ment rate is very low nationally, ficiaLs have offered to renegoriate but that has not prevented the upwazd Minnesota's 1999 poqth ' vast majoriry of states from meet- tobacco access noncompliance ing their negotiated tazget mtes." tazget, which is 20 percent States Federal officials aLso said that have been given various amounis Minnesota's past efforts in tobac- of leeway in their targets„ at- co conu�ol couldn't be considered though all states aze required_to amitigatingfactor. reach20percentby2003. ,;� Moss said Monday that state "We'vedonealotmoreinaver- officials will invoke "some of our all tobacco prevenrion than some original azguments and maybe of the states that passed,". Moss some new ones" in the upcoming said "Butwe Imowwe can dn bet- federal hearing. One reason for ter.I'mexpectingsomeprettydra- the poor compliance rate, he maticimprovementdiisyear."; said,maybeMinnesota'srequire- Minnesota has about two ment that underage decoys pre- weeks to appeal Shalala's ruling, sent valid identificarion on de- and that appeal would be ruted mand. The clerks may have low- on within 100 days. - US. Healtl� �d Human Services secretary Donna Shal�a is e�ected to ta0c with ihe govemor todey, �,��.�� v�,��o� ��.�,�, s � �. �-a. ��a.�, RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # �� — \3 Green Sheet #\ O O� Q F'j Committee: Date WF�REAS, Eileen and Michael Ciurazu, d/b/a Mystical Genie (License ID # 990001193) have a Cigazette License for the premises located at 1111 Arcade Street in Saint Paul; and 10 11 12 13 14 15 16 17 18 19 WF3EREAS, a Notice of Violation was served by mail upon the License holders on August 5, 1999, advising them of two violations involving the sale of tobacco to underage persons from July 22, 1999 and August 3, 1999, and fiu•ther advised them of their right to a hearing to contest the violations; and WHEREAS, License holders did not request a hearing to contest the violations, nor did they appear at the public hearing before the City Council; and WHEREAS, the License holders have two prior violations far sale of tobacco products to an underage person from Ju1y 8, 1998 and October 6, 1998, making this the third and fourth violations; and WHEREAS, the presuxnptive penalty matrix of Saint Paul Legislative Code Chapter 324 ca11s for revocation of the license on the fourth violafion; and 20 Wf�REAS, even if this penalty were deemed to be a deviation from the presumptive 21 penalty for a third violation, the existence of four violations in a thirteen month period, two of 22 them within a two week time period, evidences a lack of intent to comply with the laws relating 23 to the sale of tobacco, and evidences a danger to the public health and welfare, as well as the 24 health of the individual minors, which would justify such a deviation; now therefore be it 25 `19 -q t3 RESOLVED, that the Cigarette License held by Eileen and Michael Ciuraru d/b/a Mystical Genie (License ID # 990001193), for the premises located at 1111 Arcade Street in Saint Paul, is hereby revoked, and a fine in the amount of $500.00 is imposed � This resolution and the action of the Council in this matter aze based upon the facts contained in the August 5, 1999 Notice of Violation letter to the licensee, the July 22, 1999 and August 3, 1999 compliance reports, and such azguments as may have been presented to the Council at the public hearing. Requested by Department of: By: Appx By: By: Form Approved by City Attorne� By: (/�/�,v/WI/� v C� //+t,Pi'1 Approved by Mayor for Submission to Council By: Adopted by Council: Date ��q Adoption Certified by Council Secretary �� Office of LIEP Robert Ressler 22, 1999 Public rwrea� wn ROIIT�xc OROHt TOTAL # OF SIGNATURE PAGES GREEN SHEET �q-91� No 1 �??O8 u�� u��- ❑ q1YAifOpEY ❑ OIYCI.f11K ❑ wwxcw�amuccaoa� ❑ n'+xouu.a�nnKCrn ❑wrae(u�,uasuxrl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against the Cigarette License held by Eileen and Michael Ciuraru, dba Mystical Genie 1111 Arcade 3treet. (Uncontested) PLANNING COMMISSION CIB COMMf1TEE CIVIL SERVICE COMMISSION R9�YQ�iai SOURCE Has }hie PereoNfirm everwarked untler a wntnct tathie dM+�RmeM'! YES NO Hes Mis PeieoNfirm mer been a city empbyeel YES NO Doec this persoruTrin P� a sidll not normal�YPO%aeaced M�Y curteM city emDloyee? YES NO b MIB peisorrYTrm a tarpeted vendo(! YES NO olain all ves anaw�vs on aeuarate sheet eiM attach to areen sheet COST/REVOIUE BUDfiETm (CIRCLE ONE) ACTMTV NUMBER �I��;L•: INFORMATON (EJ�WN) a R� � y N A � council File # '{�� Green Sheet # ��Q�� v RESOLUTION CITY OF SAINT PAUL, MINNESOTA !�/a ^ Presented By Referred To RESOLVED, that the Cigarette License held by Eileen and Michael Ciur d/b/a Mystical Genie (License ID No. 490001193), located at 1111 Arcade Street in Saint Paul � hereby suspended for a period of sixty days beginning at 12:01 am. on Wednesday October 13, 99, until 1 L•59 pm. on Saturday, December 11,1999, for the violations of the sale of tobacco r tobacco products to a minor which occurred on July 22, 1999 and on August 3, 1999. This resolution and the action ofthe Council in this matter are ased upon the facts contained in the August 5,1999 Nofice of Violation letter to the licensee, the J ly 22,1999 and August 3,1999 Compliance reports, and such arguments as may have been pre nted to the Council at the public hearing. The facts were not contested by the licensee. Committee: Date Requested by Department of: Adopted by Council: Adoption Certified By: Approved by or: Council Secretary Date ! � / ` �:�Ii/ ,. L Form Approved by City Attorney BY � � (lr Lii�CC� � � �- Approved by Mayor for Svbmission to Council By: BY� qq.q�3 UNCONTESTED LICENSE HEARING Licensee Name; Eileen and Michael Ciuraru d/b!a Mysticat Genie Address: 1111 Arcade Street Council Hearing Date: September 22, 1999 Vio{ation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Dates of Violation: Place: July 22, 1999 & August 3, 1999 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 60 Day Suspension of Cigarette License Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Compliance Reports SAINT ' PAUL � AAAA CIT'Y OF SAINT pAITI, Norm Coleman, Mayor OFFICI � 'i'F;E CITY ATTORNgy Clayton M Robinson, Jr., CityAttorney qQ-9�: Civil Division 400CityHa11 Telephone:651166-87lp IS {Vest Kellogg Bfvd Saint Poul, Minnesota 55102 Facsimile: 651298-5619 August 5, 1999 NOTICE OF VIOLATION Eileen & Michael Ciuraru Mystical Genie I I 11 Arcade Street Saint Paul, MN 55106 RE: Cigarette license held by Eileen and Michael Ciuraru d/b/a Mystical Genie, for the premises at 1111 Arcade Street, Saint Pau1 LicenseID #: 990001193 Dear Mr. and Ms. Ciuraru: The Director of the Office of License, Inspections and Environmental Protection has recommended adverse action against the cigazette license held by you at 1 I 1 I Arcade Street in Saint Paul. The basis for the recommendation is as follows: On July 22, 1999, an individual under fhe age of eighfeen years entered the premises of Mystical Genie and asked to purchase cigaretfes. He was able to purchase a package of Marlboro cigarettes without being asked for any proof of age. On Augusf 3, 1999, an individual under the age of eighteen years entered the premises of Mystical Genie and asked to purchase cigarettes. This person was again able to purchase a package of Mariboro cigarettes without being asked for any proof of age. These sales were in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Monday, Au�ust 16, 1999. The matter Page 2 Mystical Genie Q� _ q ( 's August 5, 1999 � wili then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. If, on the other hand, you dispute the above facts, a hearing will be scheduled before an Adminisuative Law Judge. At that hearing both you and the City wi11 be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please send me a letter requesting the administrative hearing. If we have not heard from you by Monday, August 16,1999, we will assume that you do not contest the facts and will schedule this before the City Council for hearing. Please be advised that the clerks who were identified as having made the sales on these dates aze aiso being charged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate action from this license matter. If you have any questions, you may contact me at 266-8710. Sincerely, V �� r�/t Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Communiry Organizer, Payne Phalen District 5 Plannin� Council, 1014 Payne Ave., St. Paul, MN 55101 qg-�i3 5TATE OF COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLBMBNTS, being first duly sworn, deposes and says that on August 6, 1999, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Eileen & Michael Ciuraru Mystical Genie 1111 Arcade Street St. Paul, MN. 55106 (which is the last known address of the same, with postage prepaid, ir. Paul, Minnesota. Subscribed and sworn to before me this 6th d�q—pf Ayw�us,t�1999. Notary Pub P�ERN.NA�v�i�sur�N �- NOTARYPUBLIC .'• A�ty Comm. 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N � 6 N N 0 Q W � c d n E � Z �, U �o a U c m � N C N � N Z T C Q r C O U U c m � N C d s � 7 Z N 0 � N a `" N � � r a� ^ G m � O < m � � N F- � �.�� U � Q � � UN c � o - 6 @ N Q a� w LO > ¢ U m� 0 Y O� N U c � U C 1' N N fl- t � U p � U U � c� N 47 �. (U O U a a �.��' ��'U rnrn� O t\ N U o� r m OFFICE OF L[CENSE, I?iSPECTIONS AVD EWIAOY�tEMAL PAOTECTIOY Raben Kusler, Director CITY OF SAI�IT PAUL Norm Coleman, hfayor LOGVRYPROFESSlONAL BUILDLVG Sui�e 300 350 St. Peter Street Saint P¢ui, hfinnuota 53I D?-]510 TOBACCO COi�IPLIA.�CE CHECR FOR�i q9 -913 Telephorse: 6/2-? 66-9090 Facsimile: 6f 1-166-9099 6%Z-266-9724 DATE: �I a�.LCiCt TTME: '.� �. ( I LICENSE I.D. NUMBER: �!/ �� / NAME OF COMPLIANCE CHECKER: ��U ' 1VAME OF ADULT SUPERVISOR: 1...�M NAME & ADDRESS OF LICENSED 1 ` I � �`IYC.c�(X�- TYPE OF ESTABLISHMENT: � �VASTAETOBACCO: SELF-SERVE?_ ASSSSTED?� b1ACHINE?_ �VHERE �VAS THE MACHIP 1E LOCATED? DOES THE ESTABLISHMENT ALLO�V MNORS? �;k'�� SALE WAS MADE: YES� NO_ BRAND �Y1�I �� O f �VAS AN I.D. REQUESTED? f ^ i333 �� ha• NAME OF CLERK:�i C.I�F��F� �� S� SE�: M X F_ m. �3- t3S �os , -,�o ��l�,sz DESCRIPTION: � IG�C � -- DRIVER'S LICENSE �( OTHER I.D. TYPE OF AMOUNT SPENT ON PURCHASE: IF A SALE WAS NOT MADE: REASON (CHECK ONE) ❑ ❑ ❑ ❑ ❑ 1) I.D. WAS CHECKED 2) BUSINESS CLOSED 3) OUT OF BUSNESS 4) UNSATISFACTORY COiVDITIONS 5) tiVERE NOT ALLO�VED TO ENTER THE ESTABLISH�IENT I.D. 3-�5 � OFFICE OE LICE�SE, i�SPECTi0�5 A�D E\1�1R0`�tEVTAt PROTECTIO�! Roberf Kess7er, Director CI?Y OF SANT PAUL No�.a Colen:cn, bfc�or LO:iRYPROFc'SSIO.V,9L BUlLD(.VG SJite 3G0 350 St. Pe:er Sveet Sr.ir.t Pcaf, Afir.r.uo�a 5510?-JSIO TOB?,CCO CO�IPLIA.\CE CHECIi£OR.�I q9 -q►s Tt.'ejhor. e: 61?-? 65-9090 Fccs:ir.i:e: 6!?-?66-9099 613-?66-91?+ DaTE: ��J �c� TI�1E: I I�/� LICE\SEI.D.:�`iJ:viBER: 1�A�4E OF CO\IPLL4NCE CHECIiER: Y�.�-�C.z o1 I I co I� NAb4E OF ADULT SUYERVISOR: /t �1 � n \�� i C 2.– ' ?�A'�4E & ADDRESS OF LICE\SED I 9() I�rc c_ ck � TYPE OF EST.4BLISHV1Ei�T:�� r �� `i'AS THE TOBACCO: SELF-SERVE?_ ASSISTED? 1j M4CHI_\�?_ �t'HERE �VAS THE h�4CHItiE LOCA DOES THE ESI'ABLISHyIEhT ALLOGV MINORS? SALE WAS �1.4DE: YES .� I�O_ BRAIvTD f NAS AN I.D. REQUESTED? Y� • I�.4.�IE OF CLERF:: �-f�'W� \��o SEX: M_,� _ F— DRIVER'S LIC£NSE n/ OTHER I.D. TYPE OF AMOUNT SPENT ON PURCHASE: IF A SALE WAS NOI' MADE: REASON (CHECK 0?�B) ❑ ❑ � ❑ ❑ 1) I.D. WAS CHECP+ED 2) BUSPdESS CLOSED 3) Ot3T OF BUSIh'ESS 4) tJ:�`SATISFACTORY CO\TDITIO\S I.D. � Z • � $� J \�'.t�;L 5'-v-d . _ �, �� 5) ��'ERE NOT ALLOR'ED TO E\7ER THE ESTABLISF�fE?�'T �S License Group Comments Text Licensee: EILEEN & MICHAEL CIURARU �BA= MYSTICAL GENIE License #: 1ggg000��93 08I04/'Ig99 qq -9 �3 8/3/99 Failed compliance check. To CAO for adverse action. CAR 7/22/99 Failed cigarette compliance check. To CAO for adverse action. CAR License Group Comments Text Licensee: EILEEN & MICHAEL CIURARU �BA� MYSTICAL GENIE License #: 0037722 2-2S99—Cancel Iicenses. Licensee has moved to a new Iocation at 111 � Arqde St—Ik 70/20/98 - 5400 fine paid for sale of cigarettes to a minor- no hearing. CAR �ON4/98 Fortn A sent - second violation - sale of cigarettes to a minor. 5400 fine or council. CAR 072298 $200 fine paid for sale of cigarettes to a minoc CAR �� 1`�� 08/02/7999 q9-9ts q9-q Address ( �censee i Corrtact, License, Cardtwltler) Type: C` Praperty C` Licensee C Unoff�cial f� AO SYreet # 111 SYreetName RCADE Street Type: � jredion: <All> - Und # �— CHy: <A�I> t BEVERAGE (ttineraM Faod ��N�� x. � �:�h�� -�`.. � �i GENIE �9.q13 License SYre j C•' Property I Direi; Street #: — i Und i �� Namc � StreM Typc Qty; I Und Intl: � CRy: � Statc ! Ward: i 1 Dis[ Council: : I Licensee: DBA , � Sales Tax License Licensee � Lic.Types � � Insurence t Licensee �' Unofficiel 111 RCADE 5T Directian: � Unfl #: � fPAUL licensee ILEEN & MICHAEL CNRP.RU DBA STICAL GENIE � Bontl � RequiremeMs) : ProjectFaaRator. MARTENS,COWNNE � Adverse Action Commer2s CommeMs Zip: 55106, 'E �� i € . f ' F__. ___ _________' IURARU CommeMS:� �one: 651)776-4521 �x7`�e�t'ei� "�� 4+� !R o3roinsss I osm�n000 N ; R osro�nsss a3roirzaoo N R osroinsss � osm�rzoao N Seae Changes to History r � OFFICE OF THE CITY ATTORNEY Claylon M. Robinson, b., Ciry A!lorney CITY OF SAINT PAUL Narm Coleman, Mayor CivilDivision 400 City Ha11 IS West Kellogg Blvd. Saint Paul, Minnesota.i570? q9- Telephone: 65! 266�770 Facsimile: 65! 298-5619 September 8, 1999 NOTICE OF COUNCIL HEARING Eileen & Michael Ciuraru Mystical Genie 1111 Arcade Street Saint Paul, Minnesota 55106 RE: Cigazette license held by Eileen and Michael Ciuraru d/b/a Mystical Genie for the premises located at 1111 Arcade St. in St. Paul License ID No. : 990001193 Our File Number: G99-0281 Dear Mr. and Ms. Ciuraru: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, September 22, 1999 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 cigazettes have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penaity, if any, to be imposed. The recommendation of the license office will be for a 60 day suspension of your cigarette license. If you have any questions, please ca11 me at 266-8710. Very truly yours, -�V/ C� U C� Virginia almer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIBP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Plaiming Council, 1014 Payne Ave., St. Paul, MN 55101 aa-�� _ _ ---., . _- - ; Pending a hearing, Minnesota-:. �• ` stancIs t��lose $8.3 million: tiecause = _ itdiilntmeetcompliance`rates�on`� =_: � , ':;€(C..].: -_°:J✓^� �'-:- ,- =1ll� 1A}�C('A S�BS t0 II1lllOTS:.--- _-_ i, r. � : �_�:. J . n . � �:5: set to tr-ir� : �,:: ; state aid over:: ^ ^y�� teen tobacco � jy:� _ =: By Canrad deFiebre StarT7ibune StaffWriter Rejecting all of Minnesota's eaccuses for faiting to reduce illegal sales of tobacco to child;en„ ' federal officials aze proceeding with steps to dock the state $8.3 million in funding for diug- abuse ueahnent Minnesota, long considered a leader in th"e". antismoldng movement, was among only seven states and the District of Columbia that failed ta: �- meet 1998 target compliance rates with the na- tionwide ban on selling tobacco to those under '-18. Forty-three states met their targets and face, no cuts in funding. The potenrial federal penaltqcouldn't lie'im-' posed until after a hearing that Minnesota affi- cials have requested. The state receives about $20 million &om the federal government for chemical dependency treahnent, so-the penaky would be about 40 percent of that assistance. ._ Tom Moss, state depury commissioner of hu- man services, said Monday that that sanction would translate into a 10 percent cut neatyear in the state's chemical dependency treatment fund, which also receives state money. i :. i'.. I -•�� j _- � i . � f r TOBACO w�tnues on A� —Six otherstates, includinglowa, faited to meeY compliance goals Iast year. TOBACCO from A1 , �1 handful of other states also ri failed'to meet complic�nce goals Iastyeaz, 23,000 Minnesotans, Congress `to- craft a'statutory i not covered bq managed health change that maintains our com- caze received,services fin'anced miUuent-, to , reducing youth ` by the fund . smoldng, but permits ttie depart- "It's a significant lut," Moss ment to adjust the penaity sazd• viYs P�-" amount based on the relative se- U.S. Health and Human Ser- riousness of the deficiencies in a vices SecretazyDonna Shalala in- state's enforcementprogram." formed Gov. Jesse Ventura of t�e Besides Minnesota, thestates- ; impending cut in money in a let- that failed to meet tobacco sales' ' ter Friday. The two spoke by tele- compliance goals.last_yeaz were phone the same day and will do Delaware, Iowa, .Missouri; Ore- : so again today, Ventura spokes- gon;Rhode Island and Wyomin°. man Iohn Wodeie said. In 31 percent of sting open- Wodele gave no details of their rions = at about 600 Minnesota conversation, but Shalala sug- stores last.yeaz, undenge teens ,: gested in her letter that the pen- worldng � with authorities were ';` . altyrequiredbyCongress—a40 able to buy tobacco,.Ttiat was'-;, percent cut in federal drug-treat- well above the state's noncompli-, ment block grants — may be ance goal of 21 percent �d.also' ; dispropoitionate_" up'from results of 30 percenf in � She added: "I would welcome 1996 and 28 percent in 1997_ an opportuniry to work with the _ . € .�: , ,., `.. . � . . - 5 :�-� .., . . $�C'S BfgUR1eMS State officials,'including U.S. Sen Paul Wellstone, had azgued that Minnesota's disappointing showing was caused by several unusual factors, among them floods, tornadoes, low unemploy- ment and slow implementation by local authorities of the state's 1998 youth tobacco access law. _� _ _ . :,.<, _.. �. `� � :�; — -- ---�-- .;;�...,.,.,i=�. � _� ;,�,� '� — .�; � .. : Federal officiais bough�none ered their guazd"s wtien they`saw of it They said'that Minnesota's flx�:IDs: and giden only a ,.,� . :., woist natuial di§astess occurre$ a-. °;„cursory look ry M'nss said; ;,,- � , yeaz before tlie`' comp$ance ' In response"to ° ttiat protii�in, checks and that th'e sfate must state officiaLs announced ' a enforce its own laws. ';-=,, -. - change last week in the formatof As for the notion that a IIght driver's licenses for young peo- labor mazket s�apped retailers ple.Licensesissuedbeginningin with ine�perienced sales derks January will prominently show who inadvertenfly soId_ tobacco the dates of their holders' 18th to minors, a federal eompliance and 21st birthdays. ,. - review noted that "the unemploy- Moss also said that federa[of- ment rate is very low nationally, ficiaLs have offered to renegoriate but that has not prevented the upwazd Minnesota's 1999 poqth ' vast majoriry of states from meet- tobacco access noncompliance ing their negotiated tazget mtes." tazget, which is 20 percent States Federal officials aLso said that have been given various amounis Minnesota's past efforts in tobac- of leeway in their targets„ at- co conu�ol couldn't be considered though all states aze required_to amitigatingfactor. reach20percentby2003. ,;� Moss said Monday that state "We'vedonealotmoreinaver- officials will invoke "some of our all tobacco prevenrion than some original azguments and maybe of the states that passed,". Moss some new ones" in the upcoming said "Butwe Imowwe can dn bet- federal hearing. One reason for ter.I'mexpectingsomeprettydra- the poor compliance rate, he maticimprovementdiisyear."; said,maybeMinnesota'srequire- Minnesota has about two ment that underage decoys pre- weeks to appeal Shalala's ruling, sent valid identificarion on de- and that appeal would be ruted mand. The clerks may have low- on within 100 days. - US. Healtl� �d Human Services secretary Donna Shal�a is e�ected to ta0c with ihe govemor todey, �,��.�� v�,��o� ��.�,�, s � �. �-a. ��a.�, RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # �� — \3 Green Sheet #\ O O� Q F'j Committee: Date WF�REAS, Eileen and Michael Ciurazu, d/b/a Mystical Genie (License ID # 990001193) have a Cigazette License for the premises located at 1111 Arcade Street in Saint Paul; and 10 11 12 13 14 15 16 17 18 19 WF3EREAS, a Notice of Violation was served by mail upon the License holders on August 5, 1999, advising them of two violations involving the sale of tobacco to underage persons from July 22, 1999 and August 3, 1999, and fiu•ther advised them of their right to a hearing to contest the violations; and WHEREAS, License holders did not request a hearing to contest the violations, nor did they appear at the public hearing before the City Council; and WHEREAS, the License holders have two prior violations far sale of tobacco products to an underage person from Ju1y 8, 1998 and October 6, 1998, making this the third and fourth violations; and WHEREAS, the presuxnptive penalty matrix of Saint Paul Legislative Code Chapter 324 ca11s for revocation of the license on the fourth violafion; and 20 Wf�REAS, even if this penalty were deemed to be a deviation from the presumptive 21 penalty for a third violation, the existence of four violations in a thirteen month period, two of 22 them within a two week time period, evidences a lack of intent to comply with the laws relating 23 to the sale of tobacco, and evidences a danger to the public health and welfare, as well as the 24 health of the individual minors, which would justify such a deviation; now therefore be it 25 `19 -q t3 RESOLVED, that the Cigarette License held by Eileen and Michael Ciuraru d/b/a Mystical Genie (License ID # 990001193), for the premises located at 1111 Arcade Street in Saint Paul, is hereby revoked, and a fine in the amount of $500.00 is imposed � This resolution and the action of the Council in this matter aze based upon the facts contained in the August 5, 1999 Notice of Violation letter to the licensee, the July 22, 1999 and August 3, 1999 compliance reports, and such azguments as may have been presented to the Council at the public hearing. Requested by Department of: By: Appx By: By: Form Approved by City Attorne� By: (/�/�,v/WI/� v C� //+t,Pi'1 Approved by Mayor for Submission to Council By: Adopted by Council: Date ��q Adoption Certified by Council Secretary �� Office of LIEP Robert Ressler 22, 1999 Public rwrea� wn ROIIT�xc OROHt TOTAL # OF SIGNATURE PAGES GREEN SHEET �q-91� No 1 �??O8 u�� u��- ❑ q1YAifOpEY ❑ OIYCI.f11K ❑ wwxcw�amuccaoa� ❑ n'+xouu.a�nnKCrn ❑wrae(u�,uasuxrl ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Concerning adverse action against the Cigarette License held by Eileen and Michael Ciuraru, dba Mystical Genie 1111 Arcade 3treet. (Uncontested) PLANNING COMMISSION CIB COMMf1TEE CIVIL SERVICE COMMISSION R9�YQ�iai SOURCE Has }hie PereoNfirm everwarked untler a wntnct tathie dM+�RmeM'! YES NO Hes Mis PeieoNfirm mer been a city empbyeel YES NO Doec this persoruTrin P� a sidll not normal�YPO%aeaced M�Y curteM city emDloyee? YES NO b MIB peisorrYTrm a tarpeted vendo(! YES NO olain all ves anaw�vs on aeuarate sheet eiM attach to areen sheet COST/REVOIUE BUDfiETm (CIRCLE ONE) ACTMTV NUMBER �I��;L•: INFORMATON (EJ�WN) a R� � y N A � council File # '{�� Green Sheet # ��Q�� v RESOLUTION CITY OF SAINT PAUL, MINNESOTA !�/a ^ Presented By Referred To RESOLVED, that the Cigarette License held by Eileen and Michael Ciur d/b/a Mystical Genie (License ID No. 490001193), located at 1111 Arcade Street in Saint Paul � hereby suspended for a period of sixty days beginning at 12:01 am. on Wednesday October 13, 99, until 1 L•59 pm. on Saturday, December 11,1999, for the violations of the sale of tobacco r tobacco products to a minor which occurred on July 22, 1999 and on August 3, 1999. This resolution and the action ofthe Council in this matter are ased upon the facts contained in the August 5,1999 Nofice of Violation letter to the licensee, the J ly 22,1999 and August 3,1999 Compliance reports, and such arguments as may have been pre nted to the Council at the public hearing. The facts were not contested by the licensee. Committee: Date Requested by Department of: Adopted by Council: Adoption Certified By: Approved by or: Council Secretary Date ! � / ` �:�Ii/ ,. L Form Approved by City Attorney BY � � (lr Lii�CC� � � �- Approved by Mayor for Svbmission to Council By: BY� qq.q�3 UNCONTESTED LICENSE HEARING Licensee Name; Eileen and Michael Ciuraru d/b!a Mysticat Genie Address: 1111 Arcade Street Council Hearing Date: September 22, 1999 Vio{ation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Dates of Violation: Place: July 22, 1999 & August 3, 1999 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 60 Day Suspension of Cigarette License Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Compliance Reports SAINT ' PAUL � AAAA CIT'Y OF SAINT pAITI, Norm Coleman, Mayor OFFICI � 'i'F;E CITY ATTORNgy Clayton M Robinson, Jr., CityAttorney qQ-9�: Civil Division 400CityHa11 Telephone:651166-87lp IS {Vest Kellogg Bfvd Saint Poul, Minnesota 55102 Facsimile: 651298-5619 August 5, 1999 NOTICE OF VIOLATION Eileen & Michael Ciuraru Mystical Genie I I 11 Arcade Street Saint Paul, MN 55106 RE: Cigarette license held by Eileen and Michael Ciuraru d/b/a Mystical Genie, for the premises at 1111 Arcade Street, Saint Pau1 LicenseID #: 990001193 Dear Mr. and Ms. Ciuraru: The Director of the Office of License, Inspections and Environmental Protection has recommended adverse action against the cigazette license held by you at 1 I 1 I Arcade Street in Saint Paul. The basis for the recommendation is as follows: On July 22, 1999, an individual under fhe age of eighfeen years entered the premises of Mystical Genie and asked to purchase cigaretfes. He was able to purchase a package of Marlboro cigarettes without being asked for any proof of age. On Augusf 3, 1999, an individual under the age of eighteen years entered the premises of Mystical Genie and asked to purchase cigarettes. This person was again able to purchase a package of Mariboro cigarettes without being asked for any proof of age. These sales were in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. If you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Monday, Au�ust 16, 1999. The matter Page 2 Mystical Genie Q� _ q ( 's August 5, 1999 � wili then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. If, on the other hand, you dispute the above facts, a hearing will be scheduled before an Adminisuative Law Judge. At that hearing both you and the City wi11 be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please send me a letter requesting the administrative hearing. If we have not heard from you by Monday, August 16,1999, we will assume that you do not contest the facts and will schedule this before the City Council for hearing. Please be advised that the clerks who were identified as having made the sales on these dates aze aiso being charged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate action from this license matter. If you have any questions, you may contact me at 266-8710. Sincerely, V �� r�/t Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Communiry Organizer, Payne Phalen District 5 Plannin� Council, 1014 Payne Ave., St. Paul, MN 55101 qg-�i3 5TATE OF COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLBMBNTS, being first duly sworn, deposes and says that on August 6, 1999, she served the attached NOTICE OF VIOLATION on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Eileen & Michael Ciuraru Mystical Genie 1111 Arcade Street St. Paul, MN. 55106 (which is the last known address of the same, with postage prepaid, ir. Paul, Minnesota. Subscribed and sworn to before me this 6th d�q—pf Ayw�us,t�1999. Notary Pub P�ERN.NA�v�i�sur�N �- NOTARYPUBLIC .'• A�ty Comm. 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N � 6 N N 0 Q W � c d n E � Z �, U �o a U c m � N C N � N Z T C Q r C O U U c m � N C d s � 7 Z N 0 � N a `" N � � r a� ^ G m � O < m � � N F- � �.�� U � Q � � UN c � o - 6 @ N Q a� w LO > ¢ U m� 0 Y O� N U c � U C 1' N N fl- t � U p � U U � c� N 47 �. (U O U a a �.��' ��'U rnrn� O t\ N U o� r m OFFICE OF L[CENSE, I?iSPECTIONS AVD EWIAOY�tEMAL PAOTECTIOY Raben Kusler, Director CITY OF SAI�IT PAUL Norm Coleman, hfayor LOGVRYPROFESSlONAL BUILDLVG Sui�e 300 350 St. Peter Street Saint P¢ui, hfinnuota 53I D?-]510 TOBACCO COi�IPLIA.�CE CHECR FOR�i q9 -913 Telephorse: 6/2-? 66-9090 Facsimile: 6f 1-166-9099 6%Z-266-9724 DATE: �I a�.LCiCt TTME: '.� �. ( I LICENSE I.D. NUMBER: �!/ �� / NAME OF COMPLIANCE CHECKER: ��U ' 1VAME OF ADULT SUPERVISOR: 1...�M NAME & ADDRESS OF LICENSED 1 ` I � �`IYC.c�(X�- TYPE OF ESTABLISHMENT: � �VASTAETOBACCO: SELF-SERVE?_ ASSSSTED?� b1ACHINE?_ �VHERE �VAS THE MACHIP 1E LOCATED? DOES THE ESTABLISHMENT ALLO�V MNORS? �;k'�� SALE WAS MADE: YES� NO_ BRAND �Y1�I �� O f �VAS AN I.D. REQUESTED? f ^ i333 �� ha• NAME OF CLERK:�i C.I�F��F� �� S� SE�: M X F_ m. �3- t3S �os , -,�o ��l�,sz DESCRIPTION: � IG�C � -- DRIVER'S LICENSE �( OTHER I.D. TYPE OF AMOUNT SPENT ON PURCHASE: IF A SALE WAS NOT MADE: REASON (CHECK ONE) ❑ ❑ ❑ ❑ ❑ 1) I.D. WAS CHECKED 2) BUSINESS CLOSED 3) OUT OF BUSNESS 4) UNSATISFACTORY COiVDITIONS 5) tiVERE NOT ALLO�VED TO ENTER THE ESTABLISH�IENT I.D. 3-�5 � OFFICE OE LICE�SE, i�SPECTi0�5 A�D E\1�1R0`�tEVTAt PROTECTIO�! Roberf Kess7er, Director CI?Y OF SANT PAUL No�.a Colen:cn, bfc�or LO:iRYPROFc'SSIO.V,9L BUlLD(.VG SJite 3G0 350 St. Pe:er Sveet Sr.ir.t Pcaf, Afir.r.uo�a 5510?-JSIO TOB?,CCO CO�IPLIA.\CE CHECIi£OR.�I q9 -q►s Tt.'ejhor. e: 61?-? 65-9090 Fccs:ir.i:e: 6!?-?66-9099 613-?66-91?+ DaTE: ��J �c� TI�1E: I I�/� LICE\SEI.D.:�`iJ:viBER: 1�A�4E OF CO\IPLL4NCE CHECIiER: Y�.�-�C.z o1 I I co I� NAb4E OF ADULT SUYERVISOR: /t �1 � n \�� i C 2.– ' ?�A'�4E & ADDRESS OF LICE\SED I 9() I�rc c_ ck � TYPE OF EST.4BLISHV1Ei�T:�� r �� `i'AS THE TOBACCO: SELF-SERVE?_ ASSISTED? 1j M4CHI_\�?_ �t'HERE �VAS THE h�4CHItiE LOCA DOES THE ESI'ABLISHyIEhT ALLOGV MINORS? SALE WAS �1.4DE: YES .� I�O_ BRAIvTD f NAS AN I.D. REQUESTED? Y� • I�.4.�IE OF CLERF:: �-f�'W� \��o SEX: M_,� _ F— DRIVER'S LIC£NSE n/ OTHER I.D. TYPE OF AMOUNT SPENT ON PURCHASE: IF A SALE WAS NOI' MADE: REASON (CHECK 0?�B) ❑ ❑ � ❑ ❑ 1) I.D. WAS CHECP+ED 2) BUSPdESS CLOSED 3) Ot3T OF BUSIh'ESS 4) tJ:�`SATISFACTORY CO\TDITIO\S I.D. � Z • � $� J \�'.t�;L 5'-v-d . _ �, �� 5) ��'ERE NOT ALLOR'ED TO E\7ER THE ESTABLISF�fE?�'T �S License Group Comments Text Licensee: EILEEN & MICHAEL CIURARU �BA= MYSTICAL GENIE License #: 1ggg000��93 08I04/'Ig99 qq -9 �3 8/3/99 Failed compliance check. To CAO for adverse action. CAR 7/22/99 Failed cigarette compliance check. To CAO for adverse action. CAR License Group Comments Text Licensee: EILEEN & MICHAEL CIURARU �BA� MYSTICAL GENIE License #: 0037722 2-2S99—Cancel Iicenses. Licensee has moved to a new Iocation at 111 � Arqde St—Ik 70/20/98 - 5400 fine paid for sale of cigarettes to a minor- no hearing. CAR �ON4/98 Fortn A sent - second violation - sale of cigarettes to a minor. 5400 fine or council. CAR 072298 $200 fine paid for sale of cigarettes to a minoc CAR �� 1`�� 08/02/7999 q9-9ts q9-q Address ( �censee i Corrtact, License, Cardtwltler) Type: C` Praperty C` Licensee C Unoff�cial f� AO SYreet # 111 SYreetName RCADE Street Type: � jredion: <All> - Und # �— CHy: <A�I> t BEVERAGE (ttineraM Faod ��N�� x. � �:�h�� -�`.. � �i GENIE �9.q13 License SYre j C•' Property I Direi; Street #: — i Und i �� Namc � StreM Typc Qty; I Und Intl: � CRy: � Statc ! Ward: i 1 Dis[ Council: : I Licensee: DBA , � Sales Tax License Licensee � Lic.Types � � Insurence t Licensee �' Unofficiel 111 RCADE 5T Directian: � Unfl #: � fPAUL licensee ILEEN & MICHAEL CNRP.RU DBA STICAL GENIE � Bontl � RequiremeMs) : ProjectFaaRator. MARTENS,COWNNE � Adverse Action Commer2s CommeMs Zip: 55106, 'E �� i € . f ' F__. ___ _________' IURARU CommeMS:� �one: 651)776-4521 �x7`�e�t'ei� "�� 4+� !R o3roinsss I osm�n000 N ; R osro�nsss a3roirzaoo N R osroinsss � osm�rzoao N Seae Changes to History r � OFFICE OF THE CITY ATTORNEY Claylon M. Robinson, b., Ciry A!lorney CITY OF SAINT PAUL Narm Coleman, Mayor CivilDivision 400 City Ha11 IS West Kellogg Blvd. Saint Paul, Minnesota.i570? q9- Telephone: 65! 266�770 Facsimile: 65! 298-5619 September 8, 1999 NOTICE OF COUNCIL HEARING Eileen & Michael Ciuraru Mystical Genie 1111 Arcade Street Saint Paul, Minnesota 55106 RE: Cigazette license held by Eileen and Michael Ciuraru d/b/a Mystical Genie for the premises located at 1111 Arcade St. in St. Paul License ID No. : 990001193 Our File Number: G99-0281 Dear Mr. and Ms. Ciuraru: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, September 22, 1999 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 cigazettes have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penaity, if any, to be imposed. The recommendation of the license office will be for a 60 day suspension of your cigarette license. If you have any questions, please ca11 me at 266-8710. Very truly yours, -�V/ C� U C� Virginia almer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIBP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Plaiming Council, 1014 Payne Ave., St. Paul, MN 55101 aa-�� _ _ ---., . _- - ; Pending a hearing, Minnesota-:. �• ` stancIs t��lose $8.3 million: tiecause = _ itdiilntmeetcompliance`rates�on`� =_: � , ':;€(C..].: -_°:J✓^� �'-:- ,- =1ll� 1A}�C('A S�BS t0 II1lllOTS:.--- _-_ i, r. � : �_�:. J . n . � �:5: set to tr-ir� : �,:: ; state aid over:: ^ ^y�� teen tobacco � jy:� _ =: By Canrad deFiebre StarT7ibune StaffWriter Rejecting all of Minnesota's eaccuses for faiting to reduce illegal sales of tobacco to child;en„ ' federal officials aze proceeding with steps to dock the state $8.3 million in funding for diug- abuse ueahnent Minnesota, long considered a leader in th"e". antismoldng movement, was among only seven states and the District of Columbia that failed ta: �- meet 1998 target compliance rates with the na- tionwide ban on selling tobacco to those under '-18. Forty-three states met their targets and face, no cuts in funding. The potenrial federal penaltqcouldn't lie'im-' posed until after a hearing that Minnesota affi- cials have requested. The state receives about $20 million &om the federal government for chemical dependency treahnent, so-the penaky would be about 40 percent of that assistance. ._ Tom Moss, state depury commissioner of hu- man services, said Monday that that sanction would translate into a 10 percent cut neatyear in the state's chemical dependency treatment fund, which also receives state money. i :. i'.. I -•�� j _- � i . � f r TOBACO w�tnues on A� —Six otherstates, includinglowa, faited to meeY compliance goals Iast year. TOBACCO from A1 , �1 handful of other states also ri failed'to meet complic�nce goals Iastyeaz, 23,000 Minnesotans, Congress `to- craft a'statutory i not covered bq managed health change that maintains our com- caze received,services fin'anced miUuent-, to , reducing youth ` by the fund . smoldng, but permits ttie depart- "It's a significant lut," Moss ment to adjust the penaity sazd• viYs P�-" amount based on the relative se- U.S. Health and Human Ser- riousness of the deficiencies in a vices SecretazyDonna Shalala in- state's enforcementprogram." formed Gov. Jesse Ventura of t�e Besides Minnesota, thestates- ; impending cut in money in a let- that failed to meet tobacco sales' ' ter Friday. The two spoke by tele- compliance goals.last_yeaz were phone the same day and will do Delaware, Iowa, .Missouri; Ore- : so again today, Ventura spokes- gon;Rhode Island and Wyomin°. man Iohn Wodeie said. In 31 percent of sting open- Wodele gave no details of their rions = at about 600 Minnesota conversation, but Shalala sug- stores last.yeaz, undenge teens ,: gested in her letter that the pen- worldng � with authorities were ';` . altyrequiredbyCongress—a40 able to buy tobacco,.Ttiat was'-;, percent cut in federal drug-treat- well above the state's noncompli-, ment block grants — may be ance goal of 21 percent �d.also' ; dispropoitionate_" up'from results of 30 percenf in � She added: "I would welcome 1996 and 28 percent in 1997_ an opportuniry to work with the _ . € .�: , ,., `.. . � . . - 5 :�-� .., . . $�C'S BfgUR1eMS State officials,'including U.S. Sen Paul Wellstone, had azgued that Minnesota's disappointing showing was caused by several unusual factors, among them floods, tornadoes, low unemploy- ment and slow implementation by local authorities of the state's 1998 youth tobacco access law. _� _ _ . :,.<, _.. �. `� � :�; — -- ---�-- .;;�...,.,.,i=�. � _� ;,�,� '� — .�; � .. : Federal officiais bough�none ered their guazd"s wtien they`saw of it They said'that Minnesota's flx�:IDs: and giden only a ,.,� . :., woist natuial di§astess occurre$ a-. °;„cursory look ry M'nss said; ;,,- � , yeaz before tlie`' comp$ance ' In response"to ° ttiat protii�in, checks and that th'e sfate must state officiaLs announced ' a enforce its own laws. ';-=,, -. - change last week in the formatof As for the notion that a IIght driver's licenses for young peo- labor mazket s�apped retailers ple.Licensesissuedbeginningin with ine�perienced sales derks January will prominently show who inadvertenfly soId_ tobacco the dates of their holders' 18th to minors, a federal eompliance and 21st birthdays. ,. - review noted that "the unemploy- Moss also said that federa[of- ment rate is very low nationally, ficiaLs have offered to renegoriate but that has not prevented the upwazd Minnesota's 1999 poqth ' vast majoriry of states from meet- tobacco access noncompliance ing their negotiated tazget mtes." tazget, which is 20 percent States Federal officials aLso said that have been given various amounis Minnesota's past efforts in tobac- of leeway in their targets„ at- co conu�ol couldn't be considered though all states aze required_to amitigatingfactor. reach20percentby2003. ,;� Moss said Monday that state "We'vedonealotmoreinaver- officials will invoke "some of our all tobacco prevenrion than some original azguments and maybe of the states that passed,". Moss some new ones" in the upcoming said "Butwe Imowwe can dn bet- federal hearing. One reason for ter.I'mexpectingsomeprettydra- the poor compliance rate, he maticimprovementdiisyear."; said,maybeMinnesota'srequire- Minnesota has about two ment that underage decoys pre- weeks to appeal Shalala's ruling, sent valid identificarion on de- and that appeal would be ruted mand. The clerks may have low- on within 100 days. - US. Healtl� �d Human Services secretary Donna Shal�a is e�ected to ta0c with ihe govemor todey,