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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 ' - z��-_='- . ; _ _.t..:�,.�x��.�� �� d ��� ? � �t'.�C�'`� i� Qr�1:Vv r� i a � .�:4+`"'G� y . :,,,.�. . iiCiFR1� WfiLC-5iif�NFSO�A �' $�C !13YCOSi�FAlSSIOii +� � -.:.�...w. �x.u:ats 3:.*a. s�. 2a.ro ;. _,,. �: ::u:: . . ,. �,�. �_��,,.:. �. 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 � G�s Smtiat GrocerY_�� _ __ Meh Off Sele ' �R� � �.��.... �.{�: e a � x v ' . � 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 _ _ i C _ "" "_". __ _._ _.... ._�._— �� `i. .:�'�"fi^�. 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 ' - z��-_='- . ; _ _.t..:�,.�x��.�� �� d ��� ? � �t'.�C�'`� i� Qr�1:Vv r� i a � .�:4+`"'G� y . :,,,.�. . iiCiFR1� WfiLC-5iif�NFSO�A �' $�C !13YCOSi�FAlSSIOii +� � -.:.�...w. �x.u:ats 3:.*a. s�. 2a.ro ;. _,,. �: ::u:: . . ,. �,�. �_��,,.:. �. 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 � G�s Smtiat GrocerY_�� _ __ Meh Off Sele ' �R� � �.��.... �.{�: e a � x v ' . � 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 _ _ i C _ "" "_". __ _._ _.... ._�._— �� `i. .:�'�"fi^�. 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 ' - z��-_='- . ; _ _.t..:�,.�x��.�� �� d ��� ? � �t'.�C�'`� i� Qr�1:Vv r� i a � .�:4+`"'G� y . :,,,.�. . iiCiFR1� WfiLC-5iif�NFSO�A �' $�C !13YCOSi�FAlSSIOii +� � -.:.�...w. �x.u:ats 3:.*a. s�. 2a.ro ;. _,,. �: ::u:: . . ,. �,�. �_��,,.:. �. 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 � G�s Smtiat GrocerY_�� _ __ Meh Off Sele ' �R� � �.��.... �.{�: e a � x v ' . � 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 _ _ i C _ "" "_". __ _._ _.... ._�._— �� `i. .:�'�"fi^�. 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�