01-1067ORIG(N�L
Council File # �\� t� (,�'J
Green Sheet # _�p��y
�
Presented By
Referred To
Committee: Date
4
RESOLVED, that the licensee, RCH Inc., d/b/a Citgo Quik Mart (License ID No. 17486),
located at 1205 Homer Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the
violation of the sale of tobacco or tobacco products to a minor.
6
7 FURTHER RESOLVED, that the licensee pay the $250.00 fine imposed by the Saint
8 Paul City Council on January 24, 2001, under Council Resolution CF #01-69. This fine had been
9 stayed for a period of one year on the condition that there be no further violations.
10
ll
12
13
14
15
lb
17
Requested by Department of:
BY � `�1i�.k Q�� 1 T I ��"
Form Approved y City Attor �
By:
Adoption Certified by Council Secretary Approved by yor for Submission to
Council
BY � � c�— 7 � -�.—_
� ���� ?.�( sY:
Approved by Mayor: Date
By:
Said fines shall be paid to the Office of License, Inspections and Environmental
Protection within thirty (30) days of the adoption of this resolution by the Council and signature
by the Mayor.
This resolurion and the action of the Council in this matter are based upon the facts
contained in the August 16, 2001 Notice of Violation letter to the licensee. The facts were not
contested by the licensee.
Adopted by Council: Date �� �(O � a���
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 200224 /
LIEP Sept 26, 2001 ' O �-1 O�
CONTACT PERSON & PHONE: PITTINNATE INIi7ALDATE
Virginia Palmer (266-8710) � L DIlL l/� �cmr cov�vcu.
MUST BE ON COUNCII. AGENDA BY (DATE) � yy--' A770RNEY �/ _ CI7Y CT FRK
FQVANCL4L SERV DIIt. FINANCIAL SERV/ACCTG
OCtObCI' I O� ZOOI �CO27SCIIt� FOR �I'OR (OR ASST.) _ CNII. SERVICE COMMISSION
ROUTING
ORDER
TOTAL # OF SIGNA'P[JRE PAGES _(CLIP ALL LOCATIONS FOR SIGNA7'URE)
ac►TOx xEQuESTEn: Adverse action against the Cigazette/T'obacco license held by RCH, Inc. d/b/a Citgo Quik
Mart, located at 1205 Homer Street
RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MiJST MISR'ER THE FOLLOWMG
QUESTIONS:
PL.ANNING COMMISSION 1. Has this person/firm ever worked under a contract for this depariment?
CID COMM71'I'EE Yes No
CNIL SERVICE COMMISSION 2. Has this person/fittn ever been a ciry employee?
Yes No
3. Dces this person/firm possess a skill not namally possessed by any currmt ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNII'Y (Who, What, Wheo, Where, Why):
RCH, Inc. d/b/a Citgo Quik Mart, failed July 30, 2001 cigaretta compliance check.
ADVANTAGES IFAPPHOVED:
Council action necessary to impose presumptive penalty for license violation.
DISADVANTAGES IF APPROVED:
None.
_ €���? .t
COUs"�." e �<u: `
DISADVANTAGES IF NOT APPROVED: '
No penalty will be imposed for license violation. ��
ac� �
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED:' °� ' , � -
FUNDING SOURCE: ACTiVITY NUMBER: " / , � . - � ' � �
FINANCIAL INFORMATION: (EXPLAIN)
I�\USERS�YANGBORN�grm�sM1eet - c�garme crnry�l H wpd
OFFICE OF THE CITY ATTORNEY
Clayton M. Robinso2 Jc, Ciry Attorney
CITY OF SAINT PAUL
Norm Colemnn, May'or
Civi! Division
400 City Hall
li West Ke(logg Blvd.
Saint Paul, Minnesota 5510?
O\-t0 b7
Telephane: 651 266-87/ 0
Facsimile: 651298-5619
September 26, 2001
NOTICE OF COUNCIL MEETING
Owner/Manager
Citgo Quik Mart
1205 Homer Street
Saint Paul, Minnesota 55116
RE: Cigarette/Tobacco License held by RCH Inc., d/b/a Citgo Quik Mart for the premises
located at 1205 Homer Street in Saint Paul
License ID #: 17486
Dear Sir/Madam:
Please take notice that this matter has been set on the Consent A�enda for the Council meeting
scheduled for 3:30 p.m., Wednesday, October 10, 2001 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 matter in that the facts contained
in the Notice of Violation conceming the unlawful sale of cigarettes have not been disputed. The
recommendation of the license office will be for a$200.00 fine in addition to payment of the
previously stayed fine of $250.00 under council resolution CF 01-69.
If you have any questions, please call me at 266-8710.
Very truly yours,
�� � ��
��
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Gayle Summers, Community Organizer, Highiand District Council, 1978 Ford Pkwy., St.
Paul MN 55116-1922
o �- �oL*�
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Meeting Date:
RCH Inc., d/b/a Citgo Quik Mart
1205 Homer Street
Wednesday, October 10, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legisiative Code § 324.07
Date of Violation:
Place:
Presumptive Penalty:
July 30, 2001
Licensed Premises
$200.00 Fine
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmenta( Protection:
$450.00 - breakdown as follows:
$200.00 fine (first offense for cigarette violation) in addition
to payment of the $250.00 fine imposed by the City Council
on January 24, 2001 under CF 01-69 which was stayed for
one year on condition that there be no further violations.
Attachments;
1. Proposed resolution
2. Not+ce of Violation
3. License information
4. Tobacco Compliance Check Purchase Form
5. Council Resolution CF 01-69
' OFFICF "z THE CITY ATTORNEY
- � Claqton A ,binron, ✓r., Crty Atlo�ney
�, � �OL�
CITY OF SAINT PAUL Civi[Division
Norm Co[emnn, bfrry�or 400 City Hnl1 Telephon¢: 65! 266-8710
ISWes[Ke[loggBlvd. Facsimile:6i1198-5619
S¢in! Pav1, Minnuotn 55102
i
Auwst 16, 2001
NOTICE OF VIOLATION
Owner/Manager
Citgo Quik Mart
1205 Homer Street
Saint Paul, Minnesota 55116
RE: Cigazette/Tobacco License held by RCH Tnc., dlb/a Citgo Quik Mart for Yhe premises
located at 1205 Homer Street in Saint Paul -
License ID #: 17486
Deaz Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigarette/tobacco license held by RCH Ina, d/b/a Citgo Quik Mart for
the premises located at 1205 Homer Street in Saint Paul. The basis for the recommendation is as
follows:
On July 30, 2001, a tobacco compliance check was conducted
at the premises of the Citgo Quik Mart located at 1205 Homer
Street in Saint Paul. A sixteen year otd male entered the store
and asked to purchase cigarettes. Although the clerk asked
for identification and the identi�catiou correctly stated the
date of birth and showed him to be underage, the clerk
nonetheless sold the sixteen year old a package of cigarettes.
Sale of tobacco to an underage person is a violation of Minn.
Stat. §609.85 and SainY Panl LegisiaYive Code §324.07.
Since this is a first violation involving the sale of cigarettes to an underage person, the licensing
office wil] recommend a$200.00 fine. Additionally, you have �250.00 of a$500.00 fine that
was suspended on January 24, 2001, under Saint Paul City CounciI Resolution 01-69, stemming
from a November 22, 2000 sale of a[cohol to an underage person at the licensed premises. The
$250.00 was suspended on the condition that there be no further violations within a period of one
- Page 2
Citgo Quik Mart
Aua st 16, 2001
0\.to `�
year. Since this cigarette violation occuned within that time period, the licensin� office is also
recommending that you now be assessed that �250.00 fine in addition to the �200_00 fine for the
current ci�arette violation. The total amount no�v due is $450.00.
At this time you have three options on how to proceed:
If you do not dispute the facts of the cigarette violation and do not wish to have a public
hearing, you will need to pay the entire recommended fine. If Yhis 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. The letter should be directed to Ms. Christine Rozek. Payment of the
fine will be considered to be a waiver o£the hearing to which you are entitled.
2. Alternatively, if you do not dispute the facts of the cigazette violation, but wish to have a
public hearin� before the Saint Paul City Council, you will need to send me a letter with a
staYement admitting the cigareYte violation and requesting a public hearing. We will need
Yo receive your letter by Monday; August 27, 2001. The matter will then be scheduted
before the City Council for a public hea[in� 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.
3. If you do dispute the facts of the cigarette violation, a hearing will be scheduled before an
Administrative Law Judge. At that hearin� both you and the City will 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. Tf this is your choice, please advise my legal
assistant, Peter Pangbom, and we will take the necessary steps to schedule the
administrative hearing. He can be reached at 266-8710.
If we have not heard from you by Monday, August 27, 2001, we will assume that you
do not contesf fhe facts and will schedule this matter for the St. Paul City Council and have
it pIaced on fhe Consent Agenda during which no public discussion is allowed and the
recommended penatty will be imposed.
Page 3
Citgo Quik Marf
August 16, 2001
O�-\e�'�
Please be advised that tYte clerk who was identified as having made the sale on this date is
also being chazged an administrative penaity pursuant to Minn. Stat. §461.12, subd. 3. This is a
separate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-8710.
Sincezely, �
_i� � _ /J�-�
�� �-.,
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Gayle Summers, Commnnity Organizer, Hi,,vhland District Council, 1978 Ford Pkwy., St.
Paul MN 55 1 16-2922
t� 1-�0`�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
30ANNE G. CLEMENTS, being first duly sworn, deposes and says
that on August 26, 2Q01, she served the attached NOTICE OF
VIOLATION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Owner/Manager
Citgo Quik Mart
1205 Homer Street
St. Paul, MN. 55116
(which is the last known address of said person) depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota. /� �\ n /"1 /�^
�
G. �LEMENTS
Subscribed and sworn to be£ore me
this 16th of August, 2001.
Notary Publ
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License c,roup Comments TeM
Licensee: RCH INC
DBA: CITGO QUIK MART
License #: 0017486
08f13/200'!
��'104�
OBI� 3Y2007 To CAO for adverse adion. CAR
Q7/3 012 0 01 Failed fobacco compliance check, Clerk was Ryan David Caims, 1275 St. Paul Ave 55176. First violation, 5200 matriz penalty. Add S2b0
representing ihe amount ihat was suspended from ihe earlier liquor violation. CAR
03/30/2001 5250.00 fine pd for sale of alcoholic bev to underage persons. caa
03/08/2001 - Sent fine letter (5250.00 due 3/30lOt j W8
03/0tl2007 Passed tobacco compliance cheCk. SS
07I24/20Q7 Adopted as amentletl resolution Ot-69 conceming adverse ac[ion against 3.2 Offi Sale Malt. Orderetl to pay a fine of $500.00 with 5250.00
suspended for a period of one year on the grounds that there are no further violations. Fine shait be paitl wdhin 30 days of adoption and signafure by the
Mayar (3!2). CAA
12l20l2000 Ceker from CAO announcing pu6lic hearing before City Councit 1l24/2001 to consider adverse action againsf Malt Off Safe license. CAA
12/06l2000 - Notice of Yotation from CAO for sale of a(whol fo an underage.Given to 72l18/2000 fo respond. $500 fine. CAR
11/27l2000 To CAO for adverse action. CAR
11122l2000 Failed U of M alcofiol compliance cfieck conducfed by LIEP/Schweinfer. Second failure, $500 fine matrix pena(ty. CAR
11/20/99 passed second aicohol compliance check-OL
10/05I2000 Passed tobacco compfiance check. ss
On 3/15/99 Completed required aicohof awarness fraining-DL
On 2/23/99 Failed cfieck; "uno�cial" warning-training due 3/28/99-DL
9/11/98 Congratulations letter sent. PJW
8/1$/98 Passed cigarette compliance check. PJW
2/24l99 compliance check passed / letter sent 3/4/99 SS
o�.�o`�
Atltlress � Licensee, CoMect, License, Lartlholtler,
Typ£. C� Property f` LiceJlsee C{Jrptfipal C. pp
Street Y. 20.5
Street Na�ie: OMER
SlreetTYpe: <Alb ±
Direction' <Alb ,.""
Unrt 0 �`
CRg <AIU
17486 347 RCHINC
CITGO QU6C MART Alarm PermR (ften
Fatse Nerms
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G�s Smtiat
GrocerY_�� _ __
Meh Off Sele
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e
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LcensePreQetl_ ^_ J01R8A987,03fdti
1205
St$tt` ;�
o�-�o��
TYPf$ � � ���--:. ���'.--.,.. DB.4�� ITGOQW(MART
Sbe`
SYre� �nse , Licensee Lia Types ���ance 1 eontl l Requiremerrts I
'�f � 4cense Type CigaretteRObacco �� Licerrse qess: 2�
Dire� Efledive. iR8p997 Expiratiorc 3/312002 � �! Stffius: dive �
Unrt : �ppiy OiscourR � RemoYe Disca�mt� Discamt Rec'd r 4 SYatus Chan9etl: 4N4fd707
�� Repiece Fee: {— # af Unils: r7 ; Ap�icetion Date ONOA70�
fiisPecta'NamS"sm�a.`�: �� x,..�''� :.C�4�5'PE' ""s�w P`.�.�?�+e� .#`i��* aa9dd
HAVNGNS,JEFFREY s;Z � R Rem6ye,:
��'__ _ C651)266-9063 J
� 'NP�9e " "-? 2v'i3�;� .Ti�e;,€YP@::` a��HC�Y ,S�ac�.: Ype �xPRation`.' ,�.�"F7��asi
`�'�"iirove�
Ta9 #: �— "�`�'C��l�`(K`hC
Fieltls �� uy
, k"°r� License Type Commefns(long} _
� CouMerSales Yes —�` urderSales
,!(EPd( � `— :.....(.,;{.;.,_,
[��
� #ofMechnes 0021205
� 9497205
� � ' �;� s�, 001205
� �.� 8 0( 8 � 01 7205
[License# 7486 , . SaveChen9�toH�stwyr .. . . ^. .`��$"'..� . .... -^"� � �
nm�x<
__ __ __ Matt Oft Sele _ �ACtive License Printed Oi RBfl 997 03�31f10021205
o � -�ov'�
TYPf t$i�� �t���. �� �:�
Strzj
Stre: License � Licensee 1 LiaTypes
Stre: � C•' Property r Licensee C� Unoifdel
Dire�� ����: N15
UM ' �reet Name' OMER
C � Y Stree[ TYPe 5T Directart r
' unrt tna: � unrt #: r
Cdy T PAUL
DBA �ITGO OLAN MART
Nsurance 1 Bo�M � RequiremeMs'
Project Fad@ffior. ASUNCION CORMNE
Adverse Aclion Commertls
Stffie. � ZiP" 55116 � �nJttu[
rraonoc
- Wartl =;@.r"ow,`s,C,;� � yanDav
` _ DistCOUncif �IS i iolehon,:
_ __"__"____�'_��_�_�_�—_'_ � heamom
_"_ _'_ __" __"_"__'" __""_�—." _ "�— _`—�'
Licensee: CH1NC L'censee
�� DBA: ITGO QUIK MART CommeMs
I''.a'.<-1 Sales Tax Itl: 733398 Bus Phone: 651) 699-5256
FeAed toBacco compliance check. qerk wes
Cairre,12755t. Paul Ave 55115 Firs!
'00 matrix penetty. Adtl $250 represeMing
174Bf, +FalseAlarms ft 07iD12001 t2l31200t N _ SOQO�
: ' ' ' ' ' '__' _ "_.._"
�FaiseAlarms R � ' 01N1R�00 � t2(31R000 N $0.00,
; 1 Fa1seAFerms R =01J0'IJI99911?f3771999 N SU.00-
� __."_ '__.__.__.'______.._____""—_' '._._r.________._'_'___
— ".License#h7686 _ _
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S[aiL �GiafqGY¢e -:;;� � �,EG�„�',,,;Ay� `,p�,.�,�"
Melt Off Sale
999
OFFICE OF 710ENSE, INSPECTfONS AND
ENVLRONMEN'IAL pROTEC[ION
Roger Curtis, Dtrutar O, ��Q (��
CITY OF SAINT PAL7L LOWRYPROFESSIONAL BUILD/NG Telepfione: 651-266-9090
Norm Colem¢n, Mayor 350 Sc Pet�Street, Suite 300 Faaimife: 657-1669124
_ Saini Pm�1, Minnesota 55102-I510 Web: wrvw.cistpaul,mn,ur/If¢y
Tobacco Comg&ance Check Purchase Form
Case #
CITGO QUIK MART
1205 HOMER ST
ST PAUL, MN 55116-3208
License Type: License #
Cigarette/Tobacco 0017486
Business Type:
� Convenience � Convenience / Gas � Gas � Drug Store / Pliarwacy � Tobacco / Smoke Shop
� Supermarket / Grocery � Genezal Merchant � Liquor Store / Baz Restaurant � Otfier (privace ciub, twwting, etc.)
Date: �� 3 G / SS Time: �. i v a.m. / p.m
M M
Was purchase attempted?
�Yes �No
Buyer 0 � `�
Use 3 initials
sale made?
Ye or No
D D Y Y
Aee
IS
�
17
If NO, check reason:
�Does not sell tobacco �LTnsatisfactory/unsafe condirions
�Outofbusiness �Other
� ARer business hours �Not applicable
Sea Adult �Q � Did adult or officer view transaction?
�Female Use 3 3nitials Yes or No
`v�
Was age as�?
Yes oz o
Was 7D requested? Was ID sho �
Yas ar CN`>o Yes or No
Type of producY; Atuount spent: $ �� .��
` Cigazattes
Smokeless
` Cigazs
_Other (cigazette papers, &ghter, etc,)
Type of purchase:
Self Service
Clerk assisted
Vending machine - Unlocked
Locafion of machine
_Vending machine - Locked
Location of machine
ClerkInformation: �Female �Ma
licensee
Fuc
ApprosimateAge: �Undezl8
.. � C�xnl Eeiiallty �: � - ' . �r+ritina'kPeaalty $ -
.:�� Ci.�niEenatlY�$"�;' ' . Susgen5ion•._lOdaysarlas ,
'¢cr�IseOutY . . ,... . .. � . �.� .��3Z'da4stuLveaz __.
Actual age if knorvn
� ���� and
II ver
�31 33 d �� � ;
�'.
�
"°Qva1 ytai ' .. .
a.;.. .' F .n.. . ....
�\
Name of
Date of Birth
Address: 1 a�1.S' `'�? �E�- c�G l�-c �
Driver's License # or State I. D,#:_ � �� S � — `7 �, — ( 3 � _- �c �,
v�
ORfGINAL
Presented By
Refened To
I�m�c�l�, — S4N, ay, a
CITY
RESOLUTION
T PAUL, SOTA
%J
o, - to4�
Council File # p t � �.Q
Green Sheet # \QG p 0?
34
Committee: Date
2
4
5
6
7
9
��
II
12
13
14
RESOLVED, that the Licensee, RCH, Ina d!b/a Citgo Quik Mart (License ID No.
OQ 17486), located at 1205 Homer Street in Saint Paul is hereby ordered to pay a fine of $500.00� �
for the violation of Sale of Alcoholic Beverages to Underage Persons. w:� � aso .00 suspe.ri.—
� e� a er.\ e O hl.r
Said fine shall be paid to the Office of License, InspectSons and Environmental Protection �'''� o'
within thirty (30) days of the adoption of this resolution by the Council and signahue by the �'
Mayor. a.�. �n. � `�' �.�
.
r V ie�jle�
This resolution and the action of the Council in this matter are based upon the facts
contained in the December 6, 2000, Notice of Violation letter to the licensee, the November 22,
2006 Law Enforcement Buy Report Form, the November 22, 2000 Liquor Compliance Check
Sheet and such arguments as were made at the public hearing. The licensee admitted the
violation.
Requested by Departmeat of:
Adopted by Council: Date jTV �'�,y cS.�O ,
`\ T
Adoption Ceztified by Counci JSecretary
$�: '�� 3� . (� �_
Approved b� y�May o - - ➢a�—��C� Z� J
By:
�
By: `/`-�'t.�-O Y� /'1 �,{�/
Form Approved by City Atto
�/ -�(�
gY� ih. n �..t� � Lir�� --<<
Approved by Mayor for Submission to Council
��� _
�ht�� 'J .` .it,
CfTY A�TpR�
ORIG(N�L
Council File # �\� t� (,�'J
Green Sheet # _�p��y
�
Presented By
Referred To
Committee: Date
4
RESOLVED, that the licensee, RCH Inc., d/b/a Citgo Quik Mart (License ID No. 17486),
located at 1205 Homer Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the
violation of the sale of tobacco or tobacco products to a minor.
6
7 FURTHER RESOLVED, that the licensee pay the $250.00 fine imposed by the Saint
8 Paul City Council on January 24, 2001, under Council Resolution CF #01-69. This fine had been
9 stayed for a period of one year on the condition that there be no further violations.
10
ll
12
13
14
15
lb
17
Requested by Department of:
BY � `�1i�.k Q�� 1 T I ��"
Form Approved y City Attor �
By:
Adoption Certified by Council Secretary Approved by yor for Submission to
Council
BY � � c�— 7 � -�.—_
� ���� ?.�( sY:
Approved by Mayor: Date
By:
Said fines shall be paid to the Office of License, Inspections and Environmental
Protection within thirty (30) days of the adoption of this resolution by the Council and signature
by the Mayor.
This resolurion and the action of the Council in this matter are based upon the facts
contained in the August 16, 2001 Notice of Violation letter to the licensee. The facts were not
contested by the licensee.
Adopted by Council: Date �� �(O � a���
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 200224 /
LIEP Sept 26, 2001 ' O �-1 O�
CONTACT PERSON & PHONE: PITTINNATE INIi7ALDATE
Virginia Palmer (266-8710) � L DIlL l/� �cmr cov�vcu.
MUST BE ON COUNCII. AGENDA BY (DATE) � yy--' A770RNEY �/ _ CI7Y CT FRK
FQVANCL4L SERV DIIt. FINANCIAL SERV/ACCTG
OCtObCI' I O� ZOOI �CO27SCIIt� FOR �I'OR (OR ASST.) _ CNII. SERVICE COMMISSION
ROUTING
ORDER
TOTAL # OF SIGNA'P[JRE PAGES _(CLIP ALL LOCATIONS FOR SIGNA7'URE)
ac►TOx xEQuESTEn: Adverse action against the Cigazette/T'obacco license held by RCH, Inc. d/b/a Citgo Quik
Mart, located at 1205 Homer Street
RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MiJST MISR'ER THE FOLLOWMG
QUESTIONS:
PL.ANNING COMMISSION 1. Has this person/firm ever worked under a contract for this depariment?
CID COMM71'I'EE Yes No
CNIL SERVICE COMMISSION 2. Has this person/fittn ever been a ciry employee?
Yes No
3. Dces this person/firm possess a skill not namally possessed by any currmt ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNII'Y (Who, What, Wheo, Where, Why):
RCH, Inc. d/b/a Citgo Quik Mart, failed July 30, 2001 cigaretta compliance check.
ADVANTAGES IFAPPHOVED:
Council action necessary to impose presumptive penalty for license violation.
DISADVANTAGES IF APPROVED:
None.
_ €���? .t
COUs"�." e �<u: `
DISADVANTAGES IF NOT APPROVED: '
No penalty will be imposed for license violation. ��
ac� �
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED:' °� ' , � -
FUNDING SOURCE: ACTiVITY NUMBER: " / , � . - � ' � �
FINANCIAL INFORMATION: (EXPLAIN)
I�\USERS�YANGBORN�grm�sM1eet - c�garme crnry�l H wpd
OFFICE OF THE CITY ATTORNEY
Clayton M. Robinso2 Jc, Ciry Attorney
CITY OF SAINT PAUL
Norm Colemnn, May'or
Civi! Division
400 City Hall
li West Ke(logg Blvd.
Saint Paul, Minnesota 5510?
O\-t0 b7
Telephane: 651 266-87/ 0
Facsimile: 651298-5619
September 26, 2001
NOTICE OF COUNCIL MEETING
Owner/Manager
Citgo Quik Mart
1205 Homer Street
Saint Paul, Minnesota 55116
RE: Cigarette/Tobacco License held by RCH Inc., d/b/a Citgo Quik Mart for the premises
located at 1205 Homer Street in Saint Paul
License ID #: 17486
Dear Sir/Madam:
Please take notice that this matter has been set on the Consent A�enda for the Council meeting
scheduled for 3:30 p.m., Wednesday, October 10, 2001 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 matter in that the facts contained
in the Notice of Violation conceming the unlawful sale of cigarettes have not been disputed. The
recommendation of the license office will be for a$200.00 fine in addition to payment of the
previously stayed fine of $250.00 under council resolution CF 01-69.
If you have any questions, please call me at 266-8710.
Very truly yours,
�� � ��
��
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Gayle Summers, Community Organizer, Highiand District Council, 1978 Ford Pkwy., St.
Paul MN 55116-1922
o �- �oL*�
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Meeting Date:
RCH Inc., d/b/a Citgo Quik Mart
1205 Homer Street
Wednesday, October 10, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legisiative Code § 324.07
Date of Violation:
Place:
Presumptive Penalty:
July 30, 2001
Licensed Premises
$200.00 Fine
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmenta( Protection:
$450.00 - breakdown as follows:
$200.00 fine (first offense for cigarette violation) in addition
to payment of the $250.00 fine imposed by the City Council
on January 24, 2001 under CF 01-69 which was stayed for
one year on condition that there be no further violations.
Attachments;
1. Proposed resolution
2. Not+ce of Violation
3. License information
4. Tobacco Compliance Check Purchase Form
5. Council Resolution CF 01-69
' OFFICF "z THE CITY ATTORNEY
- � Claqton A ,binron, ✓r., Crty Atlo�ney
�, � �OL�
CITY OF SAINT PAUL Civi[Division
Norm Co[emnn, bfrry�or 400 City Hnl1 Telephon¢: 65! 266-8710
ISWes[Ke[loggBlvd. Facsimile:6i1198-5619
S¢in! Pav1, Minnuotn 55102
i
Auwst 16, 2001
NOTICE OF VIOLATION
Owner/Manager
Citgo Quik Mart
1205 Homer Street
Saint Paul, Minnesota 55116
RE: Cigazette/Tobacco License held by RCH Tnc., dlb/a Citgo Quik Mart for Yhe premises
located at 1205 Homer Street in Saint Paul -
License ID #: 17486
Deaz Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigarette/tobacco license held by RCH Ina, d/b/a Citgo Quik Mart for
the premises located at 1205 Homer Street in Saint Paul. The basis for the recommendation is as
follows:
On July 30, 2001, a tobacco compliance check was conducted
at the premises of the Citgo Quik Mart located at 1205 Homer
Street in Saint Paul. A sixteen year otd male entered the store
and asked to purchase cigarettes. Although the clerk asked
for identification and the identi�catiou correctly stated the
date of birth and showed him to be underage, the clerk
nonetheless sold the sixteen year old a package of cigarettes.
Sale of tobacco to an underage person is a violation of Minn.
Stat. §609.85 and SainY Panl LegisiaYive Code §324.07.
Since this is a first violation involving the sale of cigarettes to an underage person, the licensing
office wil] recommend a$200.00 fine. Additionally, you have �250.00 of a$500.00 fine that
was suspended on January 24, 2001, under Saint Paul City CounciI Resolution 01-69, stemming
from a November 22, 2000 sale of a[cohol to an underage person at the licensed premises. The
$250.00 was suspended on the condition that there be no further violations within a period of one
- Page 2
Citgo Quik Mart
Aua st 16, 2001
0\.to `�
year. Since this cigarette violation occuned within that time period, the licensin� office is also
recommending that you now be assessed that �250.00 fine in addition to the �200_00 fine for the
current ci�arette violation. The total amount no�v due is $450.00.
At this time you have three options on how to proceed:
If you do not dispute the facts of the cigarette violation and do not wish to have a public
hearing, you will need to pay the entire recommended fine. If Yhis 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. The letter should be directed to Ms. Christine Rozek. Payment of the
fine will be considered to be a waiver o£the hearing to which you are entitled.
2. Alternatively, if you do not dispute the facts of the cigazette violation, but wish to have a
public hearin� before the Saint Paul City Council, you will need to send me a letter with a
staYement admitting the cigareYte violation and requesting a public hearing. We will need
Yo receive your letter by Monday; August 27, 2001. The matter will then be scheduted
before the City Council for a public hea[in� 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.
3. If you do dispute the facts of the cigarette violation, a hearing will be scheduled before an
Administrative Law Judge. At that hearin� both you and the City will 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. Tf this is your choice, please advise my legal
assistant, Peter Pangbom, and we will take the necessary steps to schedule the
administrative hearing. He can be reached at 266-8710.
If we have not heard from you by Monday, August 27, 2001, we will assume that you
do not contesf fhe facts and will schedule this matter for the St. Paul City Council and have
it pIaced on fhe Consent Agenda during which no public discussion is allowed and the
recommended penatty will be imposed.
Page 3
Citgo Quik Marf
August 16, 2001
O�-\e�'�
Please be advised that tYte clerk who was identified as having made the sale on this date is
also being chazged an administrative penaity pursuant to Minn. Stat. §461.12, subd. 3. This is a
separate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-8710.
Sincezely, �
_i� � _ /J�-�
�� �-.,
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Gayle Summers, Commnnity Organizer, Hi,,vhland District Council, 1978 Ford Pkwy., St.
Paul MN 55 1 16-2922
t� 1-�0`�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
30ANNE G. CLEMENTS, being first duly sworn, deposes and says
that on August 26, 2Q01, she served the attached NOTICE OF
VIOLATION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Owner/Manager
Citgo Quik Mart
1205 Homer Street
St. Paul, MN. 55116
(which is the last known address of said person) depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota. /� �\ n /"1 /�^
�
G. �LEMENTS
Subscribed and sworn to be£ore me
this 16th of August, 2001.
Notary Publ
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License c,roup Comments TeM
Licensee: RCH INC
DBA: CITGO QUIK MART
License #: 0017486
08f13/200'!
��'104�
OBI� 3Y2007 To CAO for adverse adion. CAR
Q7/3 012 0 01 Failed fobacco compliance check, Clerk was Ryan David Caims, 1275 St. Paul Ave 55176. First violation, 5200 matriz penalty. Add S2b0
representing ihe amount ihat was suspended from ihe earlier liquor violation. CAR
03/30/2001 5250.00 fine pd for sale of alcoholic bev to underage persons. caa
03/08/2001 - Sent fine letter (5250.00 due 3/30lOt j W8
03/0tl2007 Passed tobacco compliance cheCk. SS
07I24/20Q7 Adopted as amentletl resolution Ot-69 conceming adverse ac[ion against 3.2 Offi Sale Malt. Orderetl to pay a fine of $500.00 with 5250.00
suspended for a period of one year on the grounds that there are no further violations. Fine shait be paitl wdhin 30 days of adoption and signafure by the
Mayar (3!2). CAA
12l20l2000 Ceker from CAO announcing pu6lic hearing before City Councit 1l24/2001 to consider adverse action againsf Malt Off Safe license. CAA
12/06l2000 - Notice of Yotation from CAO for sale of a(whol fo an underage.Given to 72l18/2000 fo respond. $500 fine. CAR
11/27l2000 To CAO for adverse action. CAR
11122l2000 Failed U of M alcofiol compliance cfieck conducfed by LIEP/Schweinfer. Second failure, $500 fine matrix pena(ty. CAR
11/20/99 passed second aicohol compliance check-OL
10/05I2000 Passed tobacco compfiance check. ss
On 3/15/99 Completed required aicohof awarness fraining-DL
On 2/23/99 Failed cfieck; "uno�cial" warning-training due 3/28/99-DL
9/11/98 Congratulations letter sent. PJW
8/1$/98 Passed cigarette compliance check. PJW
2/24l99 compliance check passed / letter sent 3/4/99 SS
o�.�o`�
Atltlress � Licensee, CoMect, License, Lartlholtler,
Typ£. C� Property f` LiceJlsee C{Jrptfipal C. pp
Street Y. 20.5
Street Na�ie: OMER
SlreetTYpe: <Alb ±
Direction' <Alb ,.""
Unrt 0 �`
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17486 347 RCHINC
CITGO QU6C MART Alarm PermR (ften
Fatse Nerms
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Sbe`
SYre� �nse , Licensee Lia Types ���ance 1 eontl l Requiremerrts I
'�f � 4cense Type CigaretteRObacco �� Licerrse qess: 2�
Dire� Efledive. iR8p997 Expiratiorc 3/312002 � �! Stffius: dive �
Unrt : �ppiy OiscourR � RemoYe Disca�mt� Discamt Rec'd r 4 SYatus Chan9etl: 4N4fd707
�� Repiece Fee: {— # af Unils: r7 ; Ap�icetion Date ONOA70�
fiisPecta'NamS"sm�a.`�: �� x,..�''� :.C�4�5'PE' ""s�w P`.�.�?�+e� .#`i��* aa9dd
HAVNGNS,JEFFREY s;Z � R Rem6ye,:
��'__ _ C651)266-9063 J
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Ta9 #: �— "�`�'C��l�`(K`hC
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� CouMerSales Yes —�` urderSales
,!(EPd( � `— :.....(.,;{.;.,_,
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� #ofMechnes 0021205
� 9497205
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Strzj
Stre: License � Licensee 1 LiaTypes
Stre: � C•' Property r Licensee C� Unoifdel
Dire�� ����: N15
UM ' �reet Name' OMER
C � Y Stree[ TYPe 5T Directart r
' unrt tna: � unrt #: r
Cdy T PAUL
DBA �ITGO OLAN MART
Nsurance 1 Bo�M � RequiremeMs'
Project Fad@ffior. ASUNCION CORMNE
Adverse Aclion Commertls
Stffie. � ZiP" 55116 � �nJttu[
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Licensee: CH1NC L'censee
�� DBA: ITGO QUIK MART CommeMs
I''.a'.<-1 Sales Tax Itl: 733398 Bus Phone: 651) 699-5256
FeAed toBacco compliance check. qerk wes
Cairre,12755t. Paul Ave 55115 Firs!
'00 matrix penetty. Adtl $250 represeMing
174Bf, +FalseAlarms ft 07iD12001 t2l31200t N _ SOQO�
: ' ' ' ' ' '__' _ "_.._"
�FaiseAlarms R � ' 01N1R�00 � t2(31R000 N $0.00,
; 1 Fa1seAFerms R =01J0'IJI99911?f3771999 N SU.00-
� __."_ '__.__.__.'______.._____""—_' '._._r.________._'_'___
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Melt Off Sale
999
OFFICE OF 710ENSE, INSPECTfONS AND
ENVLRONMEN'IAL pROTEC[ION
Roger Curtis, Dtrutar O, ��Q (��
CITY OF SAINT PAL7L LOWRYPROFESSIONAL BUILD/NG Telepfione: 651-266-9090
Norm Colem¢n, Mayor 350 Sc Pet�Street, Suite 300 Faaimife: 657-1669124
_ Saini Pm�1, Minnesota 55102-I510 Web: wrvw.cistpaul,mn,ur/If¢y
Tobacco Comg&ance Check Purchase Form
Case #
CITGO QUIK MART
1205 HOMER ST
ST PAUL, MN 55116-3208
License Type: License #
Cigarette/Tobacco 0017486
Business Type:
� Convenience � Convenience / Gas � Gas � Drug Store / Pliarwacy � Tobacco / Smoke Shop
� Supermarket / Grocery � Genezal Merchant � Liquor Store / Baz Restaurant � Otfier (privace ciub, twwting, etc.)
Date: �� 3 G / SS Time: �. i v a.m. / p.m
M M
Was purchase attempted?
�Yes �No
Buyer 0 � `�
Use 3 initials
sale made?
Ye or No
D D Y Y
Aee
IS
�
17
If NO, check reason:
�Does not sell tobacco �LTnsatisfactory/unsafe condirions
�Outofbusiness �Other
� ARer business hours �Not applicable
Sea Adult �Q � Did adult or officer view transaction?
�Female Use 3 3nitials Yes or No
`v�
Was age as�?
Yes oz o
Was 7D requested? Was ID sho �
Yas ar CN`>o Yes or No
Type of producY; Atuount spent: $ �� .��
` Cigazattes
Smokeless
` Cigazs
_Other (cigazette papers, &ghter, etc,)
Type of purchase:
Self Service
Clerk assisted
Vending machine - Unlocked
Locafion of machine
_Vending machine - Locked
Location of machine
ClerkInformation: �Female �Ma
licensee
Fuc
ApprosimateAge: �Undezl8
.. � C�xnl Eeiiallty �: � - ' . �r+ritina'kPeaalty $ -
.:�� Ci.�niEenatlY�$"�;' ' . Susgen5ion•._lOdaysarlas ,
'¢cr�IseOutY . . ,... . .. � . �.� .��3Z'da4stuLveaz __.
Actual age if knorvn
� ���� and
II ver
�31 33 d �� � ;
�'.
�
"°Qva1 ytai ' .. .
a.;.. .' F .n.. . ....
�\
Name of
Date of Birth
Address: 1 a�1.S' `'�? �E�- c�G l�-c �
Driver's License # or State I. D,#:_ � �� S � — `7 �, — ( 3 � _- �c �,
v�
ORfGINAL
Presented By
Refened To
I�m�c�l�, — S4N, ay, a
CITY
RESOLUTION
T PAUL, SOTA
%J
o, - to4�
Council File # p t � �.Q
Green Sheet # \QG p 0?
34
Committee: Date
2
4
5
6
7
9
��
II
12
13
14
RESOLVED, that the Licensee, RCH, Ina d!b/a Citgo Quik Mart (License ID No.
OQ 17486), located at 1205 Homer Street in Saint Paul is hereby ordered to pay a fine of $500.00� �
for the violation of Sale of Alcoholic Beverages to Underage Persons. w:� � aso .00 suspe.ri.—
� e� a er.\ e O hl.r
Said fine shall be paid to the Office of License, InspectSons and Environmental Protection �'''� o'
within thirty (30) days of the adoption of this resolution by the Council and signahue by the �'
Mayor. a.�. �n. � `�' �.�
.
r V ie�jle�
This resolution and the action of the Council in this matter are based upon the facts
contained in the December 6, 2000, Notice of Violation letter to the licensee, the November 22,
2006 Law Enforcement Buy Report Form, the November 22, 2000 Liquor Compliance Check
Sheet and such arguments as were made at the public hearing. The licensee admitted the
violation.
Requested by Departmeat of:
Adopted by Council: Date jTV �'�,y cS.�O ,
`\ T
Adoption Ceztified by Counci JSecretary
$�: '�� 3� . (� �_
Approved b� y�May o - - ➢a�—��C� Z� J
By:
�
By: `/`-�'t.�-O Y� /'1 �,{�/
Form Approved by City Atto
�/ -�(�
gY� ih. n �..t� � Lir�� --<<
Approved by Mayor for Submission to Council
��� _
�ht�� 'J .` .it,
CfTY A�TpR�
ORIG(N�L
Council File # �\� t� (,�'J
Green Sheet # _�p��y
�
Presented By
Referred To
Committee: Date
4
RESOLVED, that the licensee, RCH Inc., d/b/a Citgo Quik Mart (License ID No. 17486),
located at 1205 Homer Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the
violation of the sale of tobacco or tobacco products to a minor.
6
7 FURTHER RESOLVED, that the licensee pay the $250.00 fine imposed by the Saint
8 Paul City Council on January 24, 2001, under Council Resolution CF #01-69. This fine had been
9 stayed for a period of one year on the condition that there be no further violations.
10
ll
12
13
14
15
lb
17
Requested by Department of:
BY � `�1i�.k Q�� 1 T I ��"
Form Approved y City Attor �
By:
Adoption Certified by Council Secretary Approved by yor for Submission to
Council
BY � � c�— 7 � -�.—_
� ���� ?.�( sY:
Approved by Mayor: Date
By:
Said fines shall be paid to the Office of License, Inspections and Environmental
Protection within thirty (30) days of the adoption of this resolution by the Council and signature
by the Mayor.
This resolurion and the action of the Council in this matter are based upon the facts
contained in the August 16, 2001 Notice of Violation letter to the licensee. The facts were not
contested by the licensee.
Adopted by Council: Date �� �(O � a���
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 200224 /
LIEP Sept 26, 2001 ' O �-1 O�
CONTACT PERSON & PHONE: PITTINNATE INIi7ALDATE
Virginia Palmer (266-8710) � L DIlL l/� �cmr cov�vcu.
MUST BE ON COUNCII. AGENDA BY (DATE) � yy--' A770RNEY �/ _ CI7Y CT FRK
FQVANCL4L SERV DIIt. FINANCIAL SERV/ACCTG
OCtObCI' I O� ZOOI �CO27SCIIt� FOR �I'OR (OR ASST.) _ CNII. SERVICE COMMISSION
ROUTING
ORDER
TOTAL # OF SIGNA'P[JRE PAGES _(CLIP ALL LOCATIONS FOR SIGNA7'URE)
ac►TOx xEQuESTEn: Adverse action against the Cigazette/T'obacco license held by RCH, Inc. d/b/a Citgo Quik
Mart, located at 1205 Homer Street
RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MiJST MISR'ER THE FOLLOWMG
QUESTIONS:
PL.ANNING COMMISSION 1. Has this person/firm ever worked under a contract for this depariment?
CID COMM71'I'EE Yes No
CNIL SERVICE COMMISSION 2. Has this person/fittn ever been a ciry employee?
Yes No
3. Dces this person/firm possess a skill not namally possessed by any currmt ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNII'Y (Who, What, Wheo, Where, Why):
RCH, Inc. d/b/a Citgo Quik Mart, failed July 30, 2001 cigaretta compliance check.
ADVANTAGES IFAPPHOVED:
Council action necessary to impose presumptive penalty for license violation.
DISADVANTAGES IF APPROVED:
None.
_ €���? .t
COUs"�." e �<u: `
DISADVANTAGES IF NOT APPROVED: '
No penalty will be imposed for license violation. ��
ac� �
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED:' °� ' , � -
FUNDING SOURCE: ACTiVITY NUMBER: " / , � . - � ' � �
FINANCIAL INFORMATION: (EXPLAIN)
I�\USERS�YANGBORN�grm�sM1eet - c�garme crnry�l H wpd
OFFICE OF THE CITY ATTORNEY
Clayton M. Robinso2 Jc, Ciry Attorney
CITY OF SAINT PAUL
Norm Colemnn, May'or
Civi! Division
400 City Hall
li West Ke(logg Blvd.
Saint Paul, Minnesota 5510?
O\-t0 b7
Telephane: 651 266-87/ 0
Facsimile: 651298-5619
September 26, 2001
NOTICE OF COUNCIL MEETING
Owner/Manager
Citgo Quik Mart
1205 Homer Street
Saint Paul, Minnesota 55116
RE: Cigarette/Tobacco License held by RCH Inc., d/b/a Citgo Quik Mart for the premises
located at 1205 Homer Street in Saint Paul
License ID #: 17486
Dear Sir/Madam:
Please take notice that this matter has been set on the Consent A�enda for the Council meeting
scheduled for 3:30 p.m., Wednesday, October 10, 2001 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 matter in that the facts contained
in the Notice of Violation conceming the unlawful sale of cigarettes have not been disputed. The
recommendation of the license office will be for a$200.00 fine in addition to payment of the
previously stayed fine of $250.00 under council resolution CF 01-69.
If you have any questions, please call me at 266-8710.
Very truly yours,
�� � ��
��
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Gayle Summers, Community Organizer, Highiand District Council, 1978 Ford Pkwy., St.
Paul MN 55116-1922
o �- �oL*�
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Meeting Date:
RCH Inc., d/b/a Citgo Quik Mart
1205 Homer Street
Wednesday, October 10, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legisiative Code § 324.07
Date of Violation:
Place:
Presumptive Penalty:
July 30, 2001
Licensed Premises
$200.00 Fine
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmenta( Protection:
$450.00 - breakdown as follows:
$200.00 fine (first offense for cigarette violation) in addition
to payment of the $250.00 fine imposed by the City Council
on January 24, 2001 under CF 01-69 which was stayed for
one year on condition that there be no further violations.
Attachments;
1. Proposed resolution
2. Not+ce of Violation
3. License information
4. Tobacco Compliance Check Purchase Form
5. Council Resolution CF 01-69
' OFFICF "z THE CITY ATTORNEY
- � Claqton A ,binron, ✓r., Crty Atlo�ney
�, � �OL�
CITY OF SAINT PAUL Civi[Division
Norm Co[emnn, bfrry�or 400 City Hnl1 Telephon¢: 65! 266-8710
ISWes[Ke[loggBlvd. Facsimile:6i1198-5619
S¢in! Pav1, Minnuotn 55102
i
Auwst 16, 2001
NOTICE OF VIOLATION
Owner/Manager
Citgo Quik Mart
1205 Homer Street
Saint Paul, Minnesota 55116
RE: Cigazette/Tobacco License held by RCH Tnc., dlb/a Citgo Quik Mart for Yhe premises
located at 1205 Homer Street in Saint Paul -
License ID #: 17486
Deaz Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigarette/tobacco license held by RCH Ina, d/b/a Citgo Quik Mart for
the premises located at 1205 Homer Street in Saint Paul. The basis for the recommendation is as
follows:
On July 30, 2001, a tobacco compliance check was conducted
at the premises of the Citgo Quik Mart located at 1205 Homer
Street in Saint Paul. A sixteen year otd male entered the store
and asked to purchase cigarettes. Although the clerk asked
for identification and the identi�catiou correctly stated the
date of birth and showed him to be underage, the clerk
nonetheless sold the sixteen year old a package of cigarettes.
Sale of tobacco to an underage person is a violation of Minn.
Stat. §609.85 and SainY Panl LegisiaYive Code §324.07.
Since this is a first violation involving the sale of cigarettes to an underage person, the licensing
office wil] recommend a$200.00 fine. Additionally, you have �250.00 of a$500.00 fine that
was suspended on January 24, 2001, under Saint Paul City CounciI Resolution 01-69, stemming
from a November 22, 2000 sale of a[cohol to an underage person at the licensed premises. The
$250.00 was suspended on the condition that there be no further violations within a period of one
- Page 2
Citgo Quik Mart
Aua st 16, 2001
0\.to `�
year. Since this cigarette violation occuned within that time period, the licensin� office is also
recommending that you now be assessed that �250.00 fine in addition to the �200_00 fine for the
current ci�arette violation. The total amount no�v due is $450.00.
At this time you have three options on how to proceed:
If you do not dispute the facts of the cigarette violation and do not wish to have a public
hearing, you will need to pay the entire recommended fine. If Yhis 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. The letter should be directed to Ms. Christine Rozek. Payment of the
fine will be considered to be a waiver o£the hearing to which you are entitled.
2. Alternatively, if you do not dispute the facts of the cigazette violation, but wish to have a
public hearin� before the Saint Paul City Council, you will need to send me a letter with a
staYement admitting the cigareYte violation and requesting a public hearing. We will need
Yo receive your letter by Monday; August 27, 2001. The matter will then be scheduted
before the City Council for a public hea[in� 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.
3. If you do dispute the facts of the cigarette violation, a hearing will be scheduled before an
Administrative Law Judge. At that hearin� both you and the City will 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. Tf this is your choice, please advise my legal
assistant, Peter Pangbom, and we will take the necessary steps to schedule the
administrative hearing. He can be reached at 266-8710.
If we have not heard from you by Monday, August 27, 2001, we will assume that you
do not contesf fhe facts and will schedule this matter for the St. Paul City Council and have
it pIaced on fhe Consent Agenda during which no public discussion is allowed and the
recommended penatty will be imposed.
Page 3
Citgo Quik Marf
August 16, 2001
O�-\e�'�
Please be advised that tYte clerk who was identified as having made the sale on this date is
also being chazged an administrative penaity pursuant to Minn. Stat. §461.12, subd. 3. This is a
separate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-8710.
Sincezely, �
_i� � _ /J�-�
�� �-.,
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Gayle Summers, Commnnity Organizer, Hi,,vhland District Council, 1978 Ford Pkwy., St.
Paul MN 55 1 16-2922
t� 1-�0`�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
30ANNE G. CLEMENTS, being first duly sworn, deposes and says
that on August 26, 2Q01, she served the attached NOTICE OF
VIOLATION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Owner/Manager
Citgo Quik Mart
1205 Homer Street
St. Paul, MN. 55116
(which is the last known address of said person) depositing the
same, with postage prepaid, in the United States mails at St. Paul,
Minnesota. /� �\ n /"1 /�^
�
G. �LEMENTS
Subscribed and sworn to be£ore me
this 16th of August, 2001.
Notary Publ
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License c,roup Comments TeM
Licensee: RCH INC
DBA: CITGO QUIK MART
License #: 0017486
08f13/200'!
��'104�
OBI� 3Y2007 To CAO for adverse adion. CAR
Q7/3 012 0 01 Failed fobacco compliance check, Clerk was Ryan David Caims, 1275 St. Paul Ave 55176. First violation, 5200 matriz penalty. Add S2b0
representing ihe amount ihat was suspended from ihe earlier liquor violation. CAR
03/30/2001 5250.00 fine pd for sale of alcoholic bev to underage persons. caa
03/08/2001 - Sent fine letter (5250.00 due 3/30lOt j W8
03/0tl2007 Passed tobacco compliance cheCk. SS
07I24/20Q7 Adopted as amentletl resolution Ot-69 conceming adverse ac[ion against 3.2 Offi Sale Malt. Orderetl to pay a fine of $500.00 with 5250.00
suspended for a period of one year on the grounds that there are no further violations. Fine shait be paitl wdhin 30 days of adoption and signafure by the
Mayar (3!2). CAA
12l20l2000 Ceker from CAO announcing pu6lic hearing before City Councit 1l24/2001 to consider adverse action againsf Malt Off Safe license. CAA
12/06l2000 - Notice of Yotation from CAO for sale of a(whol fo an underage.Given to 72l18/2000 fo respond. $500 fine. CAR
11/27l2000 To CAO for adverse action. CAR
11122l2000 Failed U of M alcofiol compliance cfieck conducfed by LIEP/Schweinfer. Second failure, $500 fine matrix pena(ty. CAR
11/20/99 passed second aicohol compliance check-OL
10/05I2000 Passed tobacco compfiance check. ss
On 3/15/99 Completed required aicohof awarness fraining-DL
On 2/23/99 Failed cfieck; "uno�cial" warning-training due 3/28/99-DL
9/11/98 Congratulations letter sent. PJW
8/1$/98 Passed cigarette compliance check. PJW
2/24l99 compliance check passed / letter sent 3/4/99 SS
o�.�o`�
Atltlress � Licensee, CoMect, License, Lartlholtler,
Typ£. C� Property f` LiceJlsee C{Jrptfipal C. pp
Street Y. 20.5
Street Na�ie: OMER
SlreetTYpe: <Alb ±
Direction' <Alb ,.""
Unrt 0 �`
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17486 347 RCHINC
CITGO QU6C MART Alarm PermR (ften
Fatse Nerms
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Sbe`
SYre� �nse , Licensee Lia Types ���ance 1 eontl l Requiremerrts I
'�f � 4cense Type CigaretteRObacco �� Licerrse qess: 2�
Dire� Efledive. iR8p997 Expiratiorc 3/312002 � �! Stffius: dive �
Unrt : �ppiy OiscourR � RemoYe Disca�mt� Discamt Rec'd r 4 SYatus Chan9etl: 4N4fd707
�� Repiece Fee: {— # af Unils: r7 ; Ap�icetion Date ONOA70�
fiisPecta'NamS"sm�a.`�: �� x,..�''� :.C�4�5'PE' ""s�w P`.�.�?�+e� .#`i��* aa9dd
HAVNGNS,JEFFREY s;Z � R Rem6ye,:
��'__ _ C651)266-9063 J
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Ta9 #: �— "�`�'C��l�`(K`hC
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[License# 7486 , . SaveChen9�toH�stwyr .. . . ^. .`��$"'..� . .... -^"� � �
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Strzj
Stre: License � Licensee 1 LiaTypes
Stre: � C•' Property r Licensee C� Unoifdel
Dire�� ����: N15
UM ' �reet Name' OMER
C � Y Stree[ TYPe 5T Directart r
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Cdy T PAUL
DBA �ITGO OLAN MART
Nsurance 1 Bo�M � RequiremeMs'
Project Fad@ffior. ASUNCION CORMNE
Adverse Aclion Commertls
Stffie. � ZiP" 55116 � �nJttu[
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Licensee: CH1NC L'censee
�� DBA: ITGO QUIK MART CommeMs
I''.a'.<-1 Sales Tax Itl: 733398 Bus Phone: 651) 699-5256
FeAed toBacco compliance check. qerk wes
Cairre,12755t. Paul Ave 55115 Firs!
'00 matrix penetty. Adtl $250 represeMing
174Bf, +FalseAlarms ft 07iD12001 t2l31200t N _ SOQO�
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�FaiseAlarms R � ' 01N1R�00 � t2(31R000 N $0.00,
; 1 Fa1seAFerms R =01J0'IJI99911?f3771999 N SU.00-
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Melt Off Sale
999
OFFICE OF 710ENSE, INSPECTfONS AND
ENVLRONMEN'IAL pROTEC[ION
Roger Curtis, Dtrutar O, ��Q (��
CITY OF SAINT PAL7L LOWRYPROFESSIONAL BUILD/NG Telepfione: 651-266-9090
Norm Colem¢n, Mayor 350 Sc Pet�Street, Suite 300 Faaimife: 657-1669124
_ Saini Pm�1, Minnesota 55102-I510 Web: wrvw.cistpaul,mn,ur/If¢y
Tobacco Comg&ance Check Purchase Form
Case #
CITGO QUIK MART
1205 HOMER ST
ST PAUL, MN 55116-3208
License Type: License #
Cigarette/Tobacco 0017486
Business Type:
� Convenience � Convenience / Gas � Gas � Drug Store / Pliarwacy � Tobacco / Smoke Shop
� Supermarket / Grocery � Genezal Merchant � Liquor Store / Baz Restaurant � Otfier (privace ciub, twwting, etc.)
Date: �� 3 G / SS Time: �. i v a.m. / p.m
M M
Was purchase attempted?
�Yes �No
Buyer 0 � `�
Use 3 initials
sale made?
Ye or No
D D Y Y
Aee
IS
�
17
If NO, check reason:
�Does not sell tobacco �LTnsatisfactory/unsafe condirions
�Outofbusiness �Other
� ARer business hours �Not applicable
Sea Adult �Q � Did adult or officer view transaction?
�Female Use 3 3nitials Yes or No
`v�
Was age as�?
Yes oz o
Was 7D requested? Was ID sho �
Yas ar CN`>o Yes or No
Type of producY; Atuount spent: $ �� .��
` Cigazattes
Smokeless
` Cigazs
_Other (cigazette papers, &ghter, etc,)
Type of purchase:
Self Service
Clerk assisted
Vending machine - Unlocked
Locafion of machine
_Vending machine - Locked
Location of machine
ClerkInformation: �Female �Ma
licensee
Fuc
ApprosimateAge: �Undezl8
.. � C�xnl Eeiiallty �: � - ' . �r+ritina'kPeaalty $ -
.:�� Ci.�niEenatlY�$"�;' ' . Susgen5ion•._lOdaysarlas ,
'¢cr�IseOutY . . ,... . .. � . �.� .��3Z'da4stuLveaz __.
Actual age if knorvn
� ���� and
II ver
�31 33 d �� � ;
�'.
�
"°Qva1 ytai ' .. .
a.;.. .' F .n.. . ....
�\
Name of
Date of Birth
Address: 1 a�1.S' `'�? �E�- c�G l�-c �
Driver's License # or State I. D,#:_ � �� S � — `7 �, — ( 3 � _- �c �,
v�
ORfGINAL
Presented By
Refened To
I�m�c�l�, — S4N, ay, a
CITY
RESOLUTION
T PAUL, SOTA
%J
o, - to4�
Council File # p t � �.Q
Green Sheet # \QG p 0?
34
Committee: Date
2
4
5
6
7
9
��
II
12
13
14
RESOLVED, that the Licensee, RCH, Ina d!b/a Citgo Quik Mart (License ID No.
OQ 17486), located at 1205 Homer Street in Saint Paul is hereby ordered to pay a fine of $500.00� �
for the violation of Sale of Alcoholic Beverages to Underage Persons. w:� � aso .00 suspe.ri.—
� e� a er.\ e O hl.r
Said fine shall be paid to the Office of License, InspectSons and Environmental Protection �'''� o'
within thirty (30) days of the adoption of this resolution by the Council and signahue by the �'
Mayor. a.�. �n. � `�' �.�
.
r V ie�jle�
This resolution and the action of the Council in this matter are based upon the facts
contained in the December 6, 2000, Notice of Violation letter to the licensee, the November 22,
2006 Law Enforcement Buy Report Form, the November 22, 2000 Liquor Compliance Check
Sheet and such arguments as were made at the public hearing. The licensee admitted the
violation.
Requested by Departmeat of:
Adopted by Council: Date jTV �'�,y cS.�O ,
`\ T
Adoption Ceztified by Counci JSecretary
$�: '�� 3� . (� �_
Approved b� y�May o - - ➢a�—��C� Z� J
By:
�
By: `/`-�'t.�-O Y� /'1 �,{�/
Form Approved by City Atto
�/ -�(�
gY� ih. n �..t� � Lir�� --<<
Approved by Mayor for Submission to Council
��� _
�ht�� 'J .` .it,
CfTY A�TpR�