The URL can be used to link to this page

01-1114'-, �-, t „' s` e ' � �_ . . � , < <°. �... Presented By Referred To Council File # b \ �1\ ty GreenSheet# plppa3� RESOLUTION CITY OF SAINT PAUL, MINNESOTA \ � f�� ti � `� b, �o a Committee: Date 3� WHEREAS, the Office of License, Inspections and EnvironmentaYProtection (LIEP) initiated adverse action against the Cigarette/Tobacco License held by Jd�alter and Gloria Herbst, d/b/a Herbst Food Market for the premises located at 779 Raymond �venue in Saint Paul (License ID# 19021) based upon a tobacco compliance check fai�e on July 26, 2001; and WHEREAS, the sale of cigazettes to a minor was a fir violation, which would normally be a presumptive penalty of $200, which the licensees initi� y paid; and WHEREAS, the Office of LIEP recommended d�parture from the penalty matrix based upon the response of the licensees to the notification� the failure, which involved yelling at the license inspector, attempting to pull her identificatidh tag from around her neck, grabbing at her arms, following her out to the car and banging on vehicle and screaming at the decoy who was seated in the car, and asked for revocarion aFthe license; and WHEREAS, the licensees' check wa�returned to them with a letter indicating that they needed to request either a hearing befare t city council to contest the penalty or a hearing before an administrative law judge to co est the facts, and they were given until September 7, 2001 to respond; and WHEREAS, the licensees ain sent a check for $200 with a letter which did not indicate which option they were r uesting; and WHEREAS, on Septe er 6, 2001 a letter was sent to the Licensees returning the second check and advising them that e matter would be scheduled for a hearing before the city council to determine whether the re ommendation for revocarion was the appropriate penalty; and WHEREAS, the Violation with regard t� therefore be it � �,icensees have not contested the allegations contained in the Notice of the hostile response to their failure of a compliance check; now, 1 2 3 4 5 6 7 8 RESOLVED, that the Cigazette/Tobacco License held by Walter and Gloria Herbst, d/b/a Herbst Food Mazket for the premises located at 779 Raymond Avenue in Saint Paul (License ID # 19021) is hereby revoked, based upon the sale of cigarettes to a minar on July 26, 2001 and the extremely hostile and threatening actions by the Licensees towards the license inspector and decoy. � �� \�� A �} � \D\ °� ,9�� Requested by Department of: By: Adopted by Council: Date Adoption Certified by Cou'. / By: Approved by Mayor: Date Hy: Secretary Form Approved by City Attorn By: KJ /2 Approved by Mayor for Submission to Council By' 0►-111y DEPARTMHNT/OFFICE/C�JUNCII,: DATE INTTIATED GREEN SHEET No.: 200231 O ��, LIEP Sept 26, 2001 y � CONTACT PERSON & PHONE: Ilvi77wunwl'E IN117aunA7E Virginia Palmer (266-8710) � LDEPARTMENT DIlL �� CITY COUNCII. MUST BE ON COUNCII. AGENDA BY (DATE) �SIGN �C17'Y A170RNEY � _ CITY CLERK OCtOUBI' Z4� LOOI /7,eSIIll ��ER ��'CIAL SERV DIIt. = FINANCLIL SERV/ACCTG \'� g� FOR �YOR(ORASST.) CNII.SERVICECOMMLSSION ROiI'CING ORDER TOTAL # OF SIGNA7'[JRE PAGES _(CLIP ALL LOCATIONS FOR SIGNA7'ORE) acnoN xE2uES�v: Adverse action against the Cigarette/Tobacco license held by Walter and Gloria Herbst d/b/a Herbst Food Mazket, located at 779 Raymond Avenue RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWRR THE FOLLOWING QUESTIONS: PLANNING COMMISSION 1. Has this person/firm ever worked under a contract for this departrnent? , CIB COMMITIEE Yes No CNIL SERVICE COMMISSION 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/finn possess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers on separate sheet and attach to green shee[ , INITIATING PROBLEM, ISSUE, OPPORTUNII'P (Who, Wha[, When, Where, Why): ° Walter and Gloria Herbst d/b/a Herbst Food Market, failed July 26, 2001 cigarette compliance check. � �xc,� h,>�..��. , ADVANTAGES IF APPROVED: ��,f?. Council action necessary to impose presumptive penalty for license violation. ��i� � � �� DISADVANTAGES IF.APPROVED: . None. � DISADVANTAGES IF NOT APPROVED: No penalTy will be imposed for license violation. TOTAL AMOUNT OF TRANSACTiON: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNITY NUMBER: . FINANCIAL INFORMATiON: (EXPLAIN) � wssxs�e,u�cso�.�eea - �,�ak �i s..Pa o�-t��t UNCONTESTED LICENSE HEARING Licensee Name: Address: Council Hearing Date: Walter and Gloria Herbst, d/b/a Herbst Food Market 779 Raymond Avenue Wednesday, October 10, 2001 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date of Violation: Place: Jufy 26, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of ctient, Office of License, Inspections and Environmental Protection: Revocation of Cigarette/Tobacco License Attachments: 1. Proposed resolution 2. 9/6/01 letter from Virginia Palmer to Walter and Gloria Herbst 3. Note received 9/6/01 from licensee 4. 8/28/01 tetter from Virginia Palmer to Walter and Gloria Herbst 5. Letter received 8/24/01 from licensee �� 6. Notice of Violation 7. 7/26/01 memo from Peg Fuller to Roger Curtis and Christine Rozek 8. Tobacco Compliance Check Purchase Form 9. License information CITY OF SAINT PAUL Norm Co[emnn, Mnyor September 6, 2001 Walter and Gloria Herbst Herbst Food Market 779 Raymond Avenue Saint Paul, Minnesota 55114 OFFICE OF THE CITY ATTORDIEY Ciaylors M. Robinsors, Jr., Ciry A�torney O, \\�y Civil Division 400 Ciry Hrs11 Telephorse: 65f 266-8710 ISL3'estKelloggBlvd. Fatsimile:65l298-S6l9 Sain� Paul, hfinnuotn 5�l0? RE: Cigarette/Tobacco License held by Walter and Gloria Herbst, d/b/a Herbst Food Market for the premises located at 779 Raymond Avenue in Saint Paul License ID #: 19021 Dear Walter and Gloria Herbst: I have received your recent note and check in the amount of $200.00. As I explained in my letter of Au�ust 28, 2001, since the recommendation of the licensin� office is for the revocation of your cigarette license, we are again returning your $200.00 check. Since you did nat dispute the facts of the violation, nor request an administrative hearin„ I am interpreting that as your decision not to dispute the facts of the violation as outlined in my original letter of Au�ust 15, 2001. I will, therefor, schedule this matter for a public hearing before the Saint Paul City Council and will send you notice of that hearing when a date has been set. If you have any questions, you can call me at 266-8710. Sincerely, / ( `- / �� .Y..� �� Virginia D. Palmer Assistant City Attorney cc: Walter and Gloria Herbst, 968 Hampden Ave., St. Paul, MN 55114 Christine Rozek, Deputy Director of LIEP Melissa Mathews, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114-1599 o�-��i STATE OE MINNESOTA COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 6, 2001, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Walter and Gloria Herbst Aerbst Food Market 779 Raymond Avenue St_ Pau1, MN. 55114 Walter and Gloria Herbst 968 Hampden Avenue St. Paul, MN. 55114 (which is the last known addresses of said persons) depositing the same, with postage prepaid, in the Unite ates mails at St. Paul, Minnesota. �--� G. Subscribed and sworn to before me ��,�;.,�.:� . . ot(�i{ r r�' ��:,; , �K'il'.C7��:�y _=(;� 7'V �.n ^ii:i:val'� .�. - Lt�PriJC;_.^�. ?i� •.' i . .. - ' - .. �i:.� . n�-��ty � PAY ro rrie ORDER WALTER HERBST Office Of The City Attorney 9 - 5 - Zooz i 1 . � 910 $200.00/100 __' _ '- _ - _ � _- , _ _ — - DOLLARS 8 � ....,.. � WeIlsFargo6ankMinnezota,NA ,.�. � Smail Business Banking Minneapolis, MN 55479 wviw.welisfargo.mm FoR l�erhs� ��d Ni/�t. � ' ,,�� _ -= � �. �i'003060n' -�:09 LODOD 19�:356 2894466�i' THE CITY OF ST PAUL, R� C�' �(�� \1 S�� ' 49e have been serving the Country in the Constitutional order of G a anr for over One Hundred (100) Years �erson to Person Paying the Constitutional. order of the rented space from God under the Property Tax, Insurance and Proper Up- keep, Demanding Nothing. OFFIC� �F THE CITY ATTORNEY C(ayrors. :obinson, Jn, CiryAUOrney CITY OF SAINT PAUL Norn+ Coleman, Mayor Civil Division 400 Ciry Ha11 I S Wut Ke[logg Bivd. Saint Paed, Ntinrtesoin 55101 O\.\\1y Te[ephone: 65/ 266-87l0 Fncsimile: 651 298-5619 AUguSY 28, ZOOl Walter and Gioria Aerbst Herbst Food Market 779 Raymond Avenue Saint Paul, Minnesota 55114 RE: Cigarette/Tabacco License held by Walter and Gloria Herbst, d/b/a Herbst Food Market for the premises located at 779 Raymond Avenue in Saint Paul License ID #: 19421 Dear Walter and Gloria Herbst: The Office of License Inspections and Environmental Protection is recommending revocation of your Cigarette/Tobacco license based upon the seriousness of the behavior exhibited by both of you at the time of the July 26, 2001 compliance check, which resulted in Saint Paul Police being called to the scene. Because the recommendation is for revocation, we are retuming your check for $200.00. If you do not dispute the facts of the violation as outlined in our letter o£August 15, 2001, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Friday, September 7, 2001. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you wish to dispute the facts of the violation, a hearing will be scheduled before an Administrative Law 7udge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise my legal assistant, Peter Pangbom, and we will take the necessary steps to schedule the administrative hearing. He can be reached at 266-8710. If we have not heard from you by Friday, September 7, 2001, we tivili assume that you do not contest the facts of the violation and will schedule this matter for a public hearing before the St. Paul City Council. Page 2 Walter and Gloria Herbst August 28, 2001 If you have any questions, you can call me at 266-8710. Sincerely, VG��J v" ..�� Virginia D. Palmer Assistant City Attomey 0 � -�� \y cc: Christine Rozek, Deputy Director of LIEP Melissa Mathews, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114-1599 PAY To rrie ORDER CITY OF ST. PAUL-Norm Coleman Mayer-Office of The City Att. 3 0 57 � � Clayton M. Robinson Jr.-City Att. Civil Division-400City Hall WALTER HERBST 0��1\�� 400 City Hall 15 West Kellogg B1vd.St. PauZ, 551oz-tn , n_, � DATE � � � — 2OOl 970 F Pay ta the Order �$ 200.00/100 _ - _ _ - _' _ __ _ - " ?- `-' _- _ _ _ _ -= s DOLLARS B � "� Wells Fargo BankMinnewta,NA Small Busineu Banking . Minneapoiis, MN 55479 www.weilsfargo.wm FOR �rG_ r i 5��/ � rm ii■003057u■ i:09i0000i9�:3562894466��' n�-��►y STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAV=T OF SERVICE 8Y MASL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 28, 2001, she served the attached LETTER on the following named persons by placing a true and correct copy thereof in an envelope addressed as follows: Walter and Gloria Herbst Herbst Food Market 779 Raymond Avenue St. Paul, MN. 55114 (which is the last known address of said persons) depositing the same, with postage prepaid, in the Uni tates mails at St. Paul, Minnesota. � �� JOANNE G Subscribed and sworn to before me this 28th of August, 2001. e �� l � �� ,v�.��%v; PETER P. PP.ivGSORY ypTpFtl' r"�l1g�C - IAINNESOTA Notary Publi =�� e�vcotenntss+a�s „ , Ef°fP.£S JAN.31, 2005 b�-��y R�GEIVED -. AU6 � a 20D1 The Yerson came in had no ID tivent out came ba with a 199� �:l��' ATTO R iU E�Y Picture 1LD, being i�7y Brother is Plervous He came back by Me an started counting on His fingers the P as 1994� excited Him as He could not remember the moni;h, of ivhieh He had up to July 1994� we have a calendar on the counter stating (1993 plus the next years mo's.) the I guESS inspecter immeditealy behind with a request of TJiy Bro's. ID which He very nervously tried to find in His uiallet, I said, ••leave Him alone,He is nervous. Three 13) weeks later Two (2) fellotivs came in and distrubed the Boys about an improper ID, later a called Me on the rhone and asked :oqe if the Boys v�ere O.F:. as I vaas not in the Store when trvo (2j fello�rs were giving them a bad time about Cigeretts, He said, ��I come in there often, I didn't want to see them get Hurt". 2 Personally am not a yerson of Ydisdom Pely Life consists of I,earning as I go to HELp 5ERVE YROPEP.ZY. �9alter cannot be alone, someone has to be contacted when He needs. now wine in grocery stores ;'r�HAT NEX'P? I C14N'T HAVE RfiI SPE�CH - I CAN't OBEY THE LA�'1 `r�HY NOT o�-�\�y 0 r o 1� � � \ O e � O M =lo' O r--1 O � 0 ;� � � � '�'] x ' � � ¢ '� � r� •�-i �i-� U . i •rl O � U O 3' 1 N 1 (V � � Q h H O �-7 ¢ � .� � ❑ O •�-i , r-i N ••-I � U Q cJ � 4i ri a' � O •� -Fa lti U � N � � � - Y pa ¢ 7 � � o a� •� ,-� r-t U r { U � '��-' � � h +> � O � � N �z o m"� � � � W �-�i ai � N S / � n LL�� 1 � W �V '� � �x a� � w Q 7� -� ! O � � '1'� � ; N � U -Y � H rl O R3 I U U 3' ..; p.� I� .11� � J � O a A 0 =�a Y � � N y C� O m a � m � �'Q n �q� LLm �-� C 3�� c.0 c.0 .I' ..T 0' � c.0 �n � a 0 O O O .a O ti � Q m O 0 =w • a�a I can' t/have I ��the� A V & I can 't ob�y (�;�HY' NOT?) OFFIC'' "�F THE CII'Y ATTORNEY Clnyton, ,obinson,Jc,CityAltomey CITY OF SAINT PAUL Civil Division Norm Coleman, Mnyor 400 Ciry Hn11 _ I S West Ke[logg Blvd. Snin[ Pa�d, Minnuo7a 55101 � August 15, 2001 NOTICE OF VIOLATION Walter and Gloria Herbst Herbst Food Market 779 Raymond Avenue Saint Paul, Minnesota 55114 d \ � \ 11�{ Telephone: 65/ 2668710 Fauimile: 65! 29$-56l9 RE: Cigarette/Tobacco License held by Walter and Gloria Herbst, d/b/a Herbst Food Market for the premises located at 779 Raymond Avenue in Saint Paul - License II7 #: 19021 Dear Walter and Gloria Herbst: The Office of License Inspections and Environmental Protection has recommended adverse action against the cigarette/tobacco license held by you d/b/a Herbst Food Mazket for the premises located at 779 Raymond Avenue in Saint Paul. The basis for the recommendation is as foilows: On July 26, Z001, a tobacco compliance check was conducted at the premises of Herbst Food Market, located at 779 Raymond Avenue in Saint Paul. A sixteen year oid female entered the store and asked to purchase cigarettes. Aithough the clerk asked for identification and the identification correctly stated the date of birth and showed her to be underage, the clerk nonetheless sold the sixteen year old a package of Ne�vports. `Vhen the license inspector for LIEP went into the store to discuss the sale, the man and woman in the store became very upset, started screaming and banging on the counter, and the man tried twice to take the cigarettes the inspector was holding back. When the man (Walter Herbst) opened his billfold to show identification, the woman (Gloria Herbst) covered fhe ID with her hands and yelled at him to put it a�r•ay. Gloria Herbst attempted to pull the inspector's identification tag off from Page 2 Walter and Gloria Herbst August 15, 2001 around her neck. The inspector toid her that she would get a card from fhe car, and went outside, but Gloria Herbst followed her and grabbed at her arms. Walter Herbst also foliuwed them outside, and began banging on the passenger side window with his £sts and screaming at the decoy, who was seated in the car. The decoy was crying and visibly upset and the inspector calied the police to the scene. The police officer attempted to explain compliance checks to the couple but Gloria Herbst started kicking things and would not calm do�vn. Sale of tobacco to an underage person is a violation of Minn. Stat. §609.85 and Saint Paul Legislative Code §324.07. Because of the extremely hosfile response of the licensees, this incident warrants departure from the penalty matrix. Since this is a first violation, the licensin� office will recommend a�200.00 fine. At this time you have three options on how to proceed: C�-��ty 1. If you do not dispute the above facts and do not wish to have a public hearing, you will need to pay the recommended fine for this violation. If this is your choice, you should make payment directly to the Office of License, Inspections and Environmental Protection, Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a waiver of the hearing to which you aze entitled. 2. Altematively, if you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you wili need to send me a letter with a stafement admitting the violation and requesting a public hearing. We will need to receive your letter by Monday, August 27, 2001. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you do dispute the above facts, a hearing will be scheduled before an Administrative Law Jud�e. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise my legal assistant, Peter Pangborn, and we will take the necessary steps to schedule the administrative hearing. He can be reached at 266-8710. Page 3 Walter and Gloria Herbst August 15, 2001 n�'�t�� If we have not heard from you by Monday, August 27, 2001, we will assume that you do not contest the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. Please be advised that the clerk who was identified as having made the sale on this date is also being charged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a sepazate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, Z/ � ` C:�---( "a-�1 � Virginia D. Paimer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Melissa Mathews, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Ave., St. Paul, MN 55114-1599 o�-��y STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 16, 2001, 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: Walter & Gloria Herbst Herbst Food Market 779 Raymond Avenue St. Paul, MN. 55114 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. !�� /� �-. _� JOAI�TNE G. Subscribed and sworn to before me this 16th of �ust�2001. Notary Publ _: �,..�.��.y.. :��. � ��; _.<_ s-, " ::�^'�'� P£7cR >'- ?�;�::80ft�� A ''�"� kOTAii\'�USIIC-Miti�iESOTR y '�'��'--� f `� 1�3y:ABA?i:5S34+�' 6 � F EXP:. .� AFl.3�.2+�0' x Y ,z..... a��r }, _ __ e1 .;..°„F�^: :�-u.r .q-� ^�_ .. < crrY oF sA.rrr rauz. Norm Co[eman, �Lfayor DATE: July 26, 2001 TO: Director Roger Curtis Depury Director Christine Rozek FROM: Peg Fulle� � � License & Permit Inspector RE: Tobacco CompIiance Check on 7/26/2001 Herbst Food Market 779 Raymond Avenue OFFiCE OF LCSiYSE, NSPECTtONS AND ENV7RONMENTAL PROTEC'I'IDN Raberx Kers[er, Director e `�"`� BUlLDINGINSPECTTONAND Trlephone:612-?669090 DESIGN FactimIIc� 61?-Z669099 350 St Pe�er Sueet Suite 300 SainzPaul. M'uuierow 55101-l510 . On Thursday, 7uly 26, 2001, I pulied up in the alley off Raymond near the referenced store and instructed my decoy, Joelette Slaughter, to enter Herbst Food Market at 779 Raymond and attempt to purchase cigarettes. Joelette went into the store and came back out and started to walk towards my caz and pointed to my car and mouthed "ID". I looked a2 the passenger seat and looked back at her and shook my head no, as i# to saq it's not here. She looked at her bag and pointed to it and 'unmediately turned around went back into the store. I understood this to mean she remembered her ID�was in her bag. � Ioelette cazne back to my car with a pack of Newport cigarettes and change from the $5.00 I had given her to purchase cigarettes. She described the man who sold her the rigarertes and stated that she felt bad because he was a"little old man". I pulled my car onto Raymond and parked at a 15 minute parking meter and as aIways, lnstructed JoeIette to lock the doors and remain in the vehicles until I returned. I entered the store and was looking for the man she described, as it now was an older lady behind the counter waiting on a customer. A man fitting the description came out from behind the deli-sryle counter and he looked at me and saw the cigazettes I was holding. Before I could say anything, I could teIl by his face that he knew what had happened. (This happens often, when you enter the store carrying a clip boazd, a pen and the cigareues, sellers ofren know what has just happened before a word is said.) I stated I needed to see his identificadon and he ran up to the counter and grabbed the pad that said, "You must be bom before this date in 1983 to buy..." and starced screanung (not shouting), I repeat, screaming, "I didn't check! I didn't check! It was `84! It was `84!" to the aid lady. The older woman said, "I knew it!" (7oetette was bom in December of 1984.) The older woman came flying from behind the counter to the front counter next to me and at the same time he went beuind the counter and o�-�� z , started screaming, "What do you want from me? I don't have any money!" The oId lady said, "You tricked him! You set us up!" I kept repeating, "Why are you yelling? Calm down". This seemed to make them worse as they took turns banging their fists on the counters and screaming at me. He grabbed the cigarettes from my hand twice and I took them back both times and said, "I need them". I told them I would have to call a Police Officer if they didn't calm down, that all I wanted was some ID from the man. Mr. Herbst opened his billfold to show me an ID card from AARP (?) , screaming at me the entire time, which showed his address as 968 Hampden, I asked him if [hat was him? He said yes and the woman covered the ID with her hands and told him to put it away. She started yeiling, "I'm going to call someone" several times and asked me for my name. I told her and showed her my TD tag around my neck, she then tried to pull it up over my head. I grabbed it and said, "You can't have that." I told her I had a card in the car, I would get her one. I left the store and did not know the lady was following me. She grabbed me by the arms and I said to take her hands off of ine, she said °I'm not touching you." I said it sure feels like you aze. At that point I got into my car as Mr. Herbst was heading towards the car. Mr. Herbst started banging on the passenger window with his fists and screaming at which point my decoy jumped and screamed, she was obviously frightened. I started the car and drove around the corner on University. My decoy was quite shaken, which upset me. I called my supervisor, Christine Rozek, who instructed me to call the Police so the Police could file a report about tfie incident. Director Roger Curtis called and asked what was going on and toid me he was coming out to the site immediately. ,_. The officer arrived and after I showed him the cigarettes and my decoy's ID, I explained what had happened. He went into the store and discussed the situation with the couple, I remained ouuide, not wanting to get them upset again. Director Curtis arrived. The Police Officer came out of the store and stated that ttie lady had mental problems. He also stated that his advice was to pull the cigazette license and be done with it, that no City employee should have to put up with that. He tried to explain the situation (compliance checks) to the coupie. He said the lady started kicking things and rather than arrest an eighty-year-old lady, he left. He also said that the man was misbehaving, but calmed down. The Officer stated the woman never did calm down. 'i'he Police Officer left and said it would ail be in his report. Director Curtis drove over to my car to check on my decoy and make sure she was OK. She was fine, but wanted to go direcily to her friend's house. I brought her to her friend's house and watched her walk into the house. She was somewhat shaken and left her ID and shirt in my car. I came direcUy back to the office. OFFICE OF LICF.NS$ INSPECTTONS AND ENVIRONMENTAL PROTECIfON O,� , �!� Roger Curtis, Dirrctor Case # CTTY OF SAINT PALTL LOWIiYpROFESSIONAL BUILDING Telephane: 651-2669090 Narm Calemnn, Mayor 350 SL PetvSa�eet. Suite 300 Faaimile- 651-266-9724 Saint Pmd, Mirveuota SSIO2-I510 Web: wwn.ri <i Tobacco Compliance Check Parchase Form HERBST FOOD MARKET 779 RAYMOND AVE ST PAl1L, MN 551'f4-1522 License Type: Ucense � Cigarette/iobacco 001902'I � Bnsiness Type: � Convenience � Convenience / Gas � Gas � Drug Store / Phazmacy � Tobacco ! Smoke Shop � Supermarket / Grocery � General Merchant � Liquor Store / Baz Resraurant � Othe7 (private club bow�ing, em.) Date: � � � � � � t Time: � � ; �� a.m. / p.m M M D D Y Y � Was purchase attempted? �.Yes �No Buyer �� Use 3 iniriaLs sale made? Yes or No If NO, check reason: . � Does not sell tobacco 0 Unsatisfactory/unsafe conditions � Out of busmess � Other - �After business hours �Not applicable A¢e Sez Adult Q Q� Did adult or officer view transac6on? 15 emale Use 3 initiaLs Yes or No � e 17 Was age�� W requested? Yes or (No} Yes � r No v Type of purchase: _S�f Service �lerk assisted Vending machine - Unlocked Location of machine _Vending machine - Locked Location ofmachine �IerkInformation: �Female �Male R'as ID shown? Yrs or No �� Amount spent: $ � � . Typ �f product• l/Cigarettes ! l�j� Smokeless� _Other (cigazette papets, lighter, Approzimate Age: � Under 18 � :�1 Actual age if known and ver o�-��ty Name of Address: Date ofBirth ?�� :F�L�- Driver's License # or State I. �� -�_ ;�� ,tr�'Y�" � � ( :.�,��.�---' License Group Comments Teut Licansee: WqLTER & GLORIA HERBST DBA: HERBSTFOOD MARKET Lice�e #: 0019021 07/2$!"s00� G1�\\\`{ 07/28/2001 To CAO for adverse adion. CAR 07f26/200� Faited to6acco compliance checK. Cterk was Watter Herbst Flrsf failure, 5200 matrix penalty. Cferk was abusive to decoy and supervisor, resulting in a call to SPPD. LIEP is asking that the license be revoked. CAR 04/03l2007 Passed tobacco compliance check SS 08/04/2000 Passed tobacco wmpliance check. SS 09/� t/98 Congratulations letter sent. PJW OS/10/98 Passed cigarette compliance check. PJW 3/� 9/99 compliance check passed / letter sent 3l24/99 SS � ��(�� C.J� ��1I �i'1�,�(}� — Vl�� ✓1 �CX.A� �W ��=--�'��'w'� a ,��.�� , ,�. �' �� -e� . � � � (�-��a,��. c� � C�J�v 0�-�\1y Atltlress � Licenue l ContaC �' License, CardhoNer � iVP� r WoPeAy S' Licrosee t` Unoffrc9B1 i` Atl Street i. � StreetNeme: VM� Street Type eqpa . . . D'vect(on: <Alb � . Urut #: �� Cmy <FV6 �. _ ._�' — __ '__ Gl'oc?ry CCJ _'__ Jlc4ve License PreYetl D1k6f1997 03f312002779 o�-�\�y Ty � � � Ucensee�+YALiHi&GLORL41¢RBSI ' �'"""' DBA TFOODMARf�T S[rea - �. License � Licensee Lic. Types � N��ce � Bond + RequiremeNS, Stre ! LKerseTYP� Ci9aretteffobecrn ' ��ceruepass: � Dire�; �Effedive: iRelf997 Ezpiratbn. A1fd102 ��Stffius: dive Ufxt� ;+�PPb`DiscaunCr RemaveDiscaurk� DiscauRftec'd� ' �.SiffiusCherc3erk 3R1lb '!Replace Fee; J A ot Unds t CdY � .—_. —. . � • i APW�etionDete �0lOOd1 r..e� . ,Y _' . . ' ' _ ._ T.:. . . ,.. _ _ . . . . . .. _ . ._ .. ` . ,. M�E' a Tag #: r— . . . _ . _ . �6 FreNS License TYPe ConimeNSQu�9k "��} r¢u Sales �—�� ' A�l� i of Machnes I� _ "' __'___ _' _ ' ' "__" __ " _ � . _ " 2ot2 iLicense#�18�21 Seve o�-��y ' — �"'"^ DBA riERBST FOOD MARI(ET - strei . . :. . �. . Strek Licensre L'�censee � L3c.Types � Nsurar�Ge � BmM iReq�+iramards� Stre' Lkensee Neme: ALTFR 8 IX.ORLQ NE�ST �� t . . .. .. ._ _ _ _. . _.. Dire�- ��^ T FOOD MARKET UnM1 � �es Tax itl: 958001 NorvProfs (� �IJOrker's Com(x AD+➢000 M LoMract Rec'd O,m0A000 AA Treinnq Rec'd � «Y ' � AA Fee CdleCed: OAOA000 DiseourR Rec'd r' Y ' Other A enc Licenses Pinanciel Hold Reasons -��. 4th°'�C�s1fl4R��F�".t�wA:,'�v�"'"��.�3C"C+4,.x-�m"�� F�"'".:.,.�-r;�W3'c��$u.`�''tts.*��s.�^,�AF�k'��,X":a.�°I — : � . �Mal License Ta — ^ � � G; FAei To CaMact -- _-- _t ru«„seaam�s r naaa ro comact r � naaess Backgrauntl Check Required r" ChangestoFUstory rxncany... �I?y OP ST ,fi't3L GFF I� Hnc.se �? UHIT It �.'_221GE?79 �.�775 Iicc�spr.nc:flD3E�� S �EERBST P 1: 242923343�1fi Par�el Cnile i: 1C33r�1Q2?bt�9 PE£ NAi�E 2:hfliTER �? ti£RBST GLflRIA C N£9BS� 2:56it hBt�PIlE�3 8`J£ 3:ST ??SiL fIH 5511412�'� 4: �AX HAt{E i: 2: 3: IAX D� 1:EX S 3 FT FAA? aF LOT 27 �F 2:S�LY 17 14�1LL� FT OE L:iT 10 3:S OF�LRUHflTr�PTUriL 9:OF Fi�iY?iDNU �^�UE FI10(� A PI �N �-SD flUE 56 FT �i Fi�Qt9 SE COR STREEi tiAriE RfiYiiQN3 AOE Iic�te: Jat7 FRu°ENTY L�!I9;�RSH?P t7CCUPAM;.SCA��ii C[I�SIn 4B S�ard BisY tract 32h S�4 1Z 319�3� 2�1 lia�e,tetid t�asse(s3 1: 2: 3: Zune I:H-3 2: 3: Destriptiaa General Btesiness 1: 2: €31131II'Q�'S SUBDIUISI04 Usc�ge C�nnercial Suhuse CEI:£FiRL }IETRiL & SJC