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01-1117Council File # p \ � �� QR�Gf �lAL Presented By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #� O 3 7.9, 39 Referred To Committee: Date 1 WHEREAS, the Office of License, Inspections and Environmental Protection initiated adverse 2 acrion against the Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the 3 premises located at 1675 White Beaz Avenue North in Saint Paul (License ID# 75094) through a Norice 4 of Violation dated July 27, 2001; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the basis for the violation was the failure to properly record a h-ansaction involving a pawned firearm, in violation of Saint Paul Legislative Code §344.04; and WHEREAS, the transaction was reported to the Saint Paul Police Department as requized but incorrect information regarding the firearm pawned was submitted because the clerk failed to open the case and inspect it, but instead relied upon the information submitted by the customer, who had pawned the reported firearm there previously; and WHEREAS, on March 24, 1999 , under Council File 99-280, the Council imposed a fine of $1,000 on the same licensee for failure to maintain video tapes for the period required by the ordinance; now, therefore, be it RESOLVED, tt�at the Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paul (License ID# 75094) is suspended for a period of ten days, said ten days to be stayed for a period of eighteen months on the condition that there be no further violations during the eighteen months and the licensee pay a fine of $2,000. The fine shall be paid to the Office of License, Inspections and Environmental Protecrion within thirty (30) days of the adoption of this resolution. Requested by Department of: Adoption Certified by Council Secretary By: Approved by MayoY: Date _+��%��Fy5717 7/%1!{ yr--r....y By: l-�S-'I�'�Ri"�"-v r � � �Js-'c� Form Approved by City Atto� BY �i Approved b Mayor for Submission to Council By: /� � �� Adopted by Council: Date � �� OD , DEPARTM1fENT/OFFICE/COUNCQ.: DATE IN3'CIATED OFFICE OF LIEP September 26, 2001 GREEN SHEET No .: Rager�,� 103291 0�-��Z. 266-9103 CONTAGT PERSOM & PHONE: IlVmN/DA'tE INInN/DAIE Christine A. Rozek � nss�cN i.>nEr�ucrnm�r nm ✓ s.� crrr munic¢, 266-9108 �,�� z.>crrsrwrroxr�x_� crrr��x FOR FINANCL9LSERVDIA FINANCLV,SERV/ACC[C MOSIBEONCOUNCQ.AGENDA BY(DATE) ROUTING M/�YOR(ORASST.) CIVIl.SERVICECObA�tISSION o�toi�r za, Zooi � p � . °'�� TOTALROFSIGLUiUREPAGES (CIdPALi.IACATIONSFORSRGNAT[IRE) acr[oN xeQUSS-rso- That the Pawnshop License held by Eight Financial d/b/a Lincoln Pawn and Jewelry for the premises located at 1675 White Beaz Avenue North in Saint Paul (License ID# 75094) is suspended for a period of ten days, said ten days to be stayed for a period of eighteen months on the condition that there be no fiuther violations during the eighteen months and the licensee pay a fine of $2,000. The fine shall be paid to the Office of License, Inspections and Environmental Protection within (30) days of the adoprion of this resolution. RECOMbvIENDATIONS: Approve (A) or Reject (R) PERSONAL SERVtCE CONTRACCS MUST ANSR'F.R T9E FOLIAWING QliESTIONS: 1. Hast6ispersod5cmevcrworkedwdvaeonliac[fmiLisdepazmimt? PLANMNGCOMMISSION Yes No ' CIBCOMMI'ITEE 2. Hasttispersnd5tmevwbcenacity�ployee? �CNILSERV[CECOMIvIISSION Yes No 3. Daeathispe�son/61mpossessaskillnotnmmallypossessedbyavycurzentcityemployee? Yes No Ezplaiv sll yee aoswers ou xparace shcet avd attach m gxev shxt IlNTTTA7ING PROBI.EM, ISSIJE, OPPOR70NIiY (Who, What, Whev, Where, Why): Failure to properly record a h�ansacrion involving a pawned fireazm in violation of Saint Paul Legislafive Code 344.04. The transaction was reported to the Saint Paul Police Deparhnent as required but incorrect informarion regazding the firearm pawned was submitted because the clerk failed to open the case and inspect it, but instead relied upon the information submitted by the customer, who had u pawned the reported fireann there previously. ADVANTAGESIFAPPROVED: ' �A f�ese�r�h ��tstpr � �-� � DISADVANTACESIFAPP$OVED: '-k DISADVANTAGESIFNOTAPPROVED: Pawnshops, with a lack of enforcement, will fail to properly check pawned firearms. TOTALAMOUN'1'OF'I'RANSACTION:$ COST/REVENUEBIIDGETED: � � � FUNDING SOURCE: ACIIVI7'Y NUhffiER: FINANCIAL PIFORMATION: (EXPI.AIN) c:�wwnows�o�sn'oaaav a�iaauummiwwo.�.wa CITY OF SAINT PAUL Norm Co[emnn, Mayor September 26, 2001 OFFICE OF THE CITY ATTORNEY Clnyton M. Robinsort, Jr., Ciry Attorney O` �„ `w � C1VII D[V[5%OR 400 Ciry Nali Telephone: 651 266-8710 ISWestKelloggBlvd. Facsimile:651298-5619 Saint Pnul, Mirsnuota i.5102 NOTICE OF COUNCIL HEARING John M. Miller Peterson, Fram & Bergman Suite 300, 50 East Fifth Street Saint Paul, Minnesota 55106-2931 RE: Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue 23orth 3n Saint Paul License ID #: 75094 Dear Mr. Miller: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 24, 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 Councii for their consideration. This is an uncontested matter in that the facts of the violation have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a 10 day suspension of the pawnshop license, with the suspension being stayed for eighteen months on the condition that there be no further violations during the eighteen months and a fine of $2,000.00. IF you have any questions, please call me at 266-8710. Very truly yours, `'�� ur�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave. E., St. Paul, MN 55119 o �-�� UNCONTESTED LICENSE HEARING Licensee Name: Address: Eighth financial d/b/a Lincoln Pawn 8� Jewelry 1675 White Bear Avenue North Council Hearing Date: October 24, 2001 Violation: Failure to inspect and record information on pawned firearm Date of Violation Place: March 31, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten day suspension of Pawnshop License, stayed for 18 months on the condition that there be no further violations during the 18 months and licensee pay a$2,000.00 fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Police Report CN 01-054519 OFFICF ' THE CITY ATTORNEY Clrryton ILt. nobinsors, Jr., City Attorney �� \�� CITY OF SAINT PAUL Civil Di��rsion Norm Colemnn, M��or 400 Ci�y� Hal1 Te(ephone: 65! 266-87f 0 ISWestKelloggBlvd. Facsimile:651298-56/9 Snin� Paed, Minnuota 5510? � July 27, 2001 NOTICE OF VIOLATION Owner/Manager Lincoln Pawn & Jewelry 1675 White Bear Avenue North Saint Paul, Minnesota 55106 RE: Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paul License ID #: 75094 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the Pawnshop license held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paui. The basis for the recommendation is as follows: On March 31, 2001 a firearm was pawned at Lincoln Pawn by Valerie Hovland. The firearm was in a zippered case, and �vas reported to the police by Lincoln Pawn in its required reporting of transaction as a Remington 7A00 30/06 Rifle, serial # B8325188. St. Paul Police Sergeant Simmons did a check of the item and found it reported stolen. He contacted Ms. Hovland, who stated that the firearm she had actually pawned was a Benelli 12 guage shotgun, and that the other gun had been stolen from her boyfriend and was still missing. Sgt. Simmons went to Lincoln Pawn and verified that the firearm pawned by Ms. Hovland in the transaction, reported to be the Remington, was actuaily a Benelli, serial # Z008582. The clerk stated to Sgt. Simmons that he had never opeaed the � case when it was pawned, that Ms. Hovland has pawned the Remington many times and he relied upon the old computer information regarding the firearm, rather than inspecting it and describing the property. This is a violation of Saint Paul Legislative Code §344.04(a)(3). Pz�e 2 Lincoln Pawn & Jewelry July 27, 2001 01- � 11�1 If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL7). If you wish to have such a hearing, please send me a letter statin� that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, August 6, 2001, hofv you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, C/ � ��rv�c� chp,�x�cC�. b Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 o�_��\� STATE OF MINNESOTA COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 30, 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: Owner/Manager Lincoln Pawn & Jewelry 1675 White Bear Avenue North St. Paul, MN. 55106 (which is the last known same, with postage prepaid Minnesota. Subscribed and sworn this 30th of �ul , 2 ,` l address of said person) depositing the in the U to before me Notary Pub1i PETcR ?. PA'rIGBO°3u IdOTAftY ?UBIJC -'MiNN:SO7A rnv coxarn3ssiora EXF!2 £ s .�nra. 3i, 2co5 License Group Comments Text Licen�ee: EIGHTH FINANCIAL �BA� LINCOLN PAWN & JEWELRY License #: 0075094 4/22199 57000 fine received. CAR 4/5/99 - Sent Fine letter (51,000 due 4/23/99) - LAB 3/24/99 CF 9g-280 approved 51000 fine for failure to maintain video tapes for 4 months. CAR 3/5/99 Notice of council hearing from CAO. Hearing set for 3/24/99. CAR 2/9l99 Notice of violation {etter from CAO for failure to maintain transaction videos for 4 monihs. CAR 07/25/2001 V��` I D l - ��\'�, ` . � License { �censee I Lic. Types 3 C•� Property C Licensee �' Unofficiel StreEt #: 675 SYreet Type: i Llnd Ind. Cdy. Stffie. � Ward: ; Dist Counai Licensee. OBA: Licensee GHTM FINANCIAL DBA WCOLN PAWN 8 JEWELRY Insurence � Bontl I RequiremeMs � � Pro�ect FadlM1ator: ASUNGON, COftINNE _ _ Ativerse Adion Commerrts AVE Direction: N � Und # r �� Ucense Group CommeMs Zip: 55706 R259$�OOOfinereceived.CAR 15N9 - Serd Fine letter (S1,a00 tlue 4t23h�9) - LAB -06na' ;e;'', 24h19 CF 99-280 approvetl $1000 fne for failureto airrtain video tapes for 4 morM1hs. CAR l559 Nahce of counal hearinq from U0. Hearinq set FINANCIAL Licensee V PAV4N & dEV4ELRY Commerrts: I Bus Phane: 6511774-1727 econd Hentl Deeler - Single Locffiion R � 0912611994 01 tl1 R002 N $66.�0� awnShop __ C , 09R6f1994 01t11RD02 N $2,SO0.00i Total: $2,566.00i License # ...._._... ..�....�, .� _.__... _ _.m....._ .. . �Start �6raipV4�i�� qJ.?,,;� ��?. ��e�Qu� s�x Fiopei6es'_•, � __..�� .. . '�3�3�M�:s ��_,.�_ .,. . o�-��.� ��' � �� (� Licensee GHTH FINANCIAL Fay p� ..wrm"-: a.� "S`"g!4. DBA PICOW PAWN 8 JEVVELRY License Licensee � Lic. Types I Insurance , Bond � Requireme�ds � LicenseeName: GHTHFlNANCIAL ��:_��;rg. DBA: PJCOLN PAVNV 8 JEWELRY Saies Tex id' 029591 Non-ProfR r Wlwker's Comp: 1 R2f2002 >P[a�Nies':: � AA CoMract ReNtl: ONON000 AA Training Rec'd �NON000 AA Fee Colleded: ONON000 DiscourR Rec'tl: r Other A enc Licenses Financial Hold Reasons Cdlie'[Gce�n9A9eE��1`�emei�is�.IYPe�;��`G"ers" FxGe : R� . ' ::iC�eGve:"�__�"e,--. -� ��.W�. , . ..� MailLicenseTO:— �'rvae �a � �s� ��e�� `� �a G' Mea ro coma�t �usmessMt00ID0IDWU00N0A00SHGFfTHFINANQAL +_ (657)7747727___ ('LicenseAddress tther OONONOOQDONOA00;_YVEDEMEYER ° CHARLES _( ) Mher OONOlOOOq00NO/000iJVEDEMEYER � �CHARIES ( ) . -Mail Invoice To: — Mher 00/ODNOODOOIDOA00 EIGHTH FINANCIAL __ ) � Mail To CarM1ad _' - �___ .�(651 0�0-0000" ;{.' I ��:t � r *�i.=;�`"r"x':�"�ar � �:*": ="a"� .+=�avixrd ; r License Adtlress Back9rountl Check Requiretl r License # b5094 Save . �Stac[ ��3�wP �. � ��= q]P,,�°�PP,,,,. °� ECL[ �� '�jix_?'ge,Query � u Pio erhex � �° � ; - � � �1�� , - - — -�� .�ls Q,.� � �:�' :�� _._�. � � � ` V `� Lice.nsee HTH FINANCIAL DBA PICOWPAWN&JEWELRY License I Licensee Lic. Types � Insurence , Bontl f License Type: Pawn Shop �i Effedive: 9R611994 Expiration: 1f112002 Apply DiscourA: r Remove DiscouM: r Discourrt Rec'd r Replace Fee r # of Unds: r1 � RequiremerRs � License Ciass Sta[us: SYatus Changetl: Appficffiion Date �' , . _ _ '�' ' ' � F .- � _�. —.. � �:P. �.;:;r"�Q..,,,��_�[�me� �'�� s�',.a�." 3�ad'�.9Re�": . _ _- � ..��, �_ •. . �4 �esG e Ta9 #. �— �fi�`�{� ax�-< Fields License Type Commerrts lon � �( 9F � — License # Save Chenges to History ; "'<7� 2af2 t:�Statt.S�G�m��;��:�EEt[�5�:'P{�� C��---�Lt,�.e�ns,e �IP�oPe�t�es �'�:�. - .��..��.. 338Ph1.::`l o�—��,� -�- sX ��; � � � �'I�"��'�"°� DBA� COIJV &.IEV4ELRY License 1 Licensee � Lic. Types I Insurance Bontl � RequiremeMS 1 License Type: awn Shop � Bond Type. Surety Bond — Bontl #: 755335 Company Address Phone #: AmouM: 5,000.00 gpr�tl Rec'd. Effedrve: 9R611994 Canceled: Exp"vatian: 0l�ON000 CanceiRec'tl: CoMinuous � Agency: � Atltlress: r Pho�e #: �1 - r...- License # aroor000n o,nor0000 LL ,�`�', t Of 7 �?�: �.'� . 2 of 2 . . �� ° y � ; �Stad. �Grouf?�:-�' �iE��7��E`�Eice:�� u FjnPr,' � _�_._� - E3° '�7�� 338PMT## r ? � 3 � F GompJaiM N•umber 01-054519 Saint Paui Police Department Page t ORIGlNAL O�FENSE i lNCIDENT REP�RT o�-��1 Re�erence C.N Pnmary otfense Date anQ Tlme ol Report INFORMATION REPORT 03(2112Q01 10:31 Pdmary Reportr'ng oJhcer. �y�CHAEL R SIMMONS ?rimary offense defad.' Pnmary squad: 7 y4 Secondary reporting athcer. D;strct EASTERN ( ) Sec�ntlary of(ense: tocacon ottncident 1675 WNITEBEAR AV Pdame oftocafior✓business: LINCOLN PAWN #1 Date 8 tlne of occurence: (}3/12/2�01 10:05 Arrest mads? Daie & time ol anest: POLtCE PERSONNEL INVOLVED Anest made on view. arrest matle on wanant or pre�cus CN. Weapons used by po6ce: Weapons useo by suspect at G'me ot arrest. Parsui! engaged: Resistance encounterau: CHARGES (NONE) NAMES (NONE) CRtME SCENE DESCRIPTORS Glme Scan� Mafhod & Point of Entry Tvae RETAIL Description SPECiALTY STORE Farce used (�}OT FORCED Point o1 enfry Metrcd PROPERTY (NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can suspact be iden6hed? Can be identrhed by Cnme scene processed? Photos taken? Evidence tumed in? fs stWert property tracaable? Property fumed in� ��. NARRATIVE I, Sgt. Simmons work in [te Vice Unit and am responsible for nonitoring the Pawn Sho�s within the City of St. Paal. Thz main way I do tnis is thru Automated Pa.�•n Systems or APS. Th�e sansactiors done in tfle Pawn Shops aze computerized, then downloaded to a cerminal in my ofiice where I review an3 check to see iF any of these items are stolen. On 3-I2-2001 a Hoviand, Valerie brough: iu a fuearm to Lincoln Pzwn #1, 1675 Wi;itebeaz Ave., 651-774-1;27 and pawned it Hotland has breught in maey guns before to Lincoln PaH-n. She supposediy told clerk, hiazsb, John that the gun in the zipped case was a Remington 7400 3dl06 Ritle, serial f{ B8325188. Since this gun has been pawned t6ree times before at Lincofn, Mazsh never ogeaed the gun case to look at che gun. He used tl:e old comput:r information he had on this rifle and entered this inforcnaticn in cl:e y .r Pfir�, �� _�£ Comp/aintNumbe� 01-054519 INFORMATION REPORT 03/21 /2001 10:31 computer. I ran this fireazm and found it to be stolen out of Siren WI. I catled Lincoln and taiked to Mazsh, telling him to put this fireum on Police hold. He did not say anything to me about this uansaction. A&er some investigating, I called Hovland and asked her about the Remington Rifle. She told me that on 3-12-2001,she had actually brought in a Benelli 12Ga. shotgun, and told Mazsh that it was the Remington. The next day she realized her mistake, and called Mazsh ro tell him. Hovland said that ffie Remington had been stolen from her boyfriend in November 2000, and is still missing. Hovland said it was her mistake for telling Marsh the gun was the Remington. I went to Lincoln #1 and looked at the gun. It was in a black zipped case with the name ` Benelli" written on the outside of this case. Inside the case was a Benelli 12 Ga.Shotgun, serial # Z008582. Mazsh told me that he did not open the gun case when Hovland brought it in. She has brought guns in many tunes before, so Marsh just took her word that [he gun was the Remington. He used the oId computer information he had on this gun and entered it in the computer that way. He admitted knowing that license regulations require him to look at each item he takes in and put in a full description of such property. I told him that I would be sending a copy of this report to the City Attorney /LIEP for review. Regulation 344.04 (3) covers this situation. Please distribute to: CHF Hom Rob _Sex CO D/C _Burg _Rptr _Vice Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT o�-��'1 Reference C.N. Primary offense Date and rme of Report _Juv _Oper _"Ihefr _Prop Nazco SIU _PSC _Lab _CAU _F&F _T&A _Other _Rec _Team _Auto _DAO � ' Saint Paul Police Department �� PUBLIC OFFENSE / INCIDENT REPORT Page t of 1 O�—\\\'� Complaint Number Reference C.K Primary Offense Date and Time ofReport 01-054519 INFORMATION REPORT 03/21/2001 10:31 7�nmaryReportingofhce� MICHAELRSIMMONS Primary squad: 7g4 Secondaryreportingofficer. - District Ep,STERN ( ) Secondary o/fense: Cocation ofincident: 1675 WHITEBEAR AV Name ofloca6on�usiness: LINCOLN PAWN #1 Date & sme of occurence: 03/12/2001 10:05 Anest made? Oate 8 Sme of anest POLICE PERSONNEL INVOLVED Anest made on view: Pursuft engaged: Anest made on warrant or previous CN: Resistance encountered: Weapons used by police: Weapons used by suspect at time of arrest: CHARGES (NONE) NAMES (NONE) Council File # p \ � �� QR�Gf �lAL Presented By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #� O 3 7.9, 39 Referred To Committee: Date 1 WHEREAS, the Office of License, Inspections and Environmental Protection initiated adverse 2 acrion against the Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the 3 premises located at 1675 White Beaz Avenue North in Saint Paul (License ID# 75094) through a Norice 4 of Violation dated July 27, 2001; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the basis for the violation was the failure to properly record a h-ansaction involving a pawned firearm, in violation of Saint Paul Legislative Code §344.04; and WHEREAS, the transaction was reported to the Saint Paul Police Department as requized but incorrect information regarding the firearm pawned was submitted because the clerk failed to open the case and inspect it, but instead relied upon the information submitted by the customer, who had pawned the reported firearm there previously; and WHEREAS, on March 24, 1999 , under Council File 99-280, the Council imposed a fine of $1,000 on the same licensee for failure to maintain video tapes for the period required by the ordinance; now, therefore, be it RESOLVED, tt�at the Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paul (License ID# 75094) is suspended for a period of ten days, said ten days to be stayed for a period of eighteen months on the condition that there be no further violations during the eighteen months and the licensee pay a fine of $2,000. The fine shall be paid to the Office of License, Inspections and Environmental Protecrion within thirty (30) days of the adoption of this resolution. Requested by Department of: Adoption Certified by Council Secretary By: Approved by MayoY: Date _+��%��Fy5717 7/%1!{ yr--r....y By: l-�S-'I�'�Ri"�"-v r � � �Js-'c� Form Approved by City Atto� BY �i Approved b Mayor for Submission to Council By: /� � �� Adopted by Council: Date � �� OD , DEPARTM1fENT/OFFICE/COUNCQ.: DATE IN3'CIATED OFFICE OF LIEP September 26, 2001 GREEN SHEET No .: Rager�,� 103291 0�-��Z. 266-9103 CONTAGT PERSOM & PHONE: IlVmN/DA'tE INInN/DAIE Christine A. Rozek � nss�cN i.>nEr�ucrnm�r nm ✓ s.� crrr munic¢, 266-9108 �,�� z.>crrsrwrroxr�x_� crrr��x FOR FINANCL9LSERVDIA FINANCLV,SERV/ACC[C MOSIBEONCOUNCQ.AGENDA BY(DATE) ROUTING M/�YOR(ORASST.) CIVIl.SERVICECObA�tISSION o�toi�r za, Zooi � p � . °'�� TOTALROFSIGLUiUREPAGES (CIdPALi.IACATIONSFORSRGNAT[IRE) acr[oN xeQUSS-rso- That the Pawnshop License held by Eight Financial d/b/a Lincoln Pawn and Jewelry for the premises located at 1675 White Beaz Avenue North in Saint Paul (License ID# 75094) is suspended for a period of ten days, said ten days to be stayed for a period of eighteen months on the condition that there be no fiuther violations during the eighteen months and the licensee pay a fine of $2,000. The fine shall be paid to the Office of License, Inspections and Environmental Protection within (30) days of the adoprion of this resolution. RECOMbvIENDATIONS: Approve (A) or Reject (R) PERSONAL SERVtCE CONTRACCS MUST ANSR'F.R T9E FOLIAWING QliESTIONS: 1. Hast6ispersod5cmevcrworkedwdvaeonliac[fmiLisdepazmimt? PLANMNGCOMMISSION Yes No ' CIBCOMMI'ITEE 2. Hasttispersnd5tmevwbcenacity�ployee? �CNILSERV[CECOMIvIISSION Yes No 3. Daeathispe�son/61mpossessaskillnotnmmallypossessedbyavycurzentcityemployee? Yes No Ezplaiv sll yee aoswers ou xparace shcet avd attach m gxev shxt IlNTTTA7ING PROBI.EM, ISSIJE, OPPOR70NIiY (Who, What, Whev, Where, Why): Failure to properly record a h�ansacrion involving a pawned fireazm in violation of Saint Paul Legislafive Code 344.04. The transaction was reported to the Saint Paul Police Deparhnent as required but incorrect informarion regazding the firearm pawned was submitted because the clerk failed to open the case and inspect it, but instead relied upon the information submitted by the customer, who had u pawned the reported fireann there previously. ADVANTAGESIFAPPROVED: ' �A f�ese�r�h ��tstpr � �-� � DISADVANTACESIFAPP$OVED: '-k DISADVANTAGESIFNOTAPPROVED: Pawnshops, with a lack of enforcement, will fail to properly check pawned firearms. TOTALAMOUN'1'OF'I'RANSACTION:$ COST/REVENUEBIIDGETED: � � � FUNDING SOURCE: ACIIVI7'Y NUhffiER: FINANCIAL PIFORMATION: (EXPI.AIN) c:�wwnows�o�sn'oaaav a�iaauummiwwo.�.wa CITY OF SAINT PAUL Norm Co[emnn, Mayor September 26, 2001 OFFICE OF THE CITY ATTORNEY Clnyton M. Robinsort, Jr., Ciry Attorney O` �„ `w � C1VII D[V[5%OR 400 Ciry Nali Telephone: 651 266-8710 ISWestKelloggBlvd. Facsimile:651298-5619 Saint Pnul, Mirsnuota i.5102 NOTICE OF COUNCIL HEARING John M. Miller Peterson, Fram & Bergman Suite 300, 50 East Fifth Street Saint Paul, Minnesota 55106-2931 RE: Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue 23orth 3n Saint Paul License ID #: 75094 Dear Mr. Miller: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 24, 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 Councii for their consideration. This is an uncontested matter in that the facts of the violation have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a 10 day suspension of the pawnshop license, with the suspension being stayed for eighteen months on the condition that there be no further violations during the eighteen months and a fine of $2,000.00. IF you have any questions, please call me at 266-8710. Very truly yours, `'�� ur�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave. E., St. Paul, MN 55119 o �-�� UNCONTESTED LICENSE HEARING Licensee Name: Address: Eighth financial d/b/a Lincoln Pawn 8� Jewelry 1675 White Bear Avenue North Council Hearing Date: October 24, 2001 Violation: Failure to inspect and record information on pawned firearm Date of Violation Place: March 31, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten day suspension of Pawnshop License, stayed for 18 months on the condition that there be no further violations during the 18 months and licensee pay a$2,000.00 fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Police Report CN 01-054519 OFFICF ' THE CITY ATTORNEY Clrryton ILt. nobinsors, Jr., City Attorney �� \�� CITY OF SAINT PAUL Civil Di��rsion Norm Colemnn, M��or 400 Ci�y� Hal1 Te(ephone: 65! 266-87f 0 ISWestKelloggBlvd. Facsimile:651298-56/9 Snin� Paed, Minnuota 5510? � July 27, 2001 NOTICE OF VIOLATION Owner/Manager Lincoln Pawn & Jewelry 1675 White Bear Avenue North Saint Paul, Minnesota 55106 RE: Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paul License ID #: 75094 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the Pawnshop license held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paui. The basis for the recommendation is as follows: On March 31, 2001 a firearm was pawned at Lincoln Pawn by Valerie Hovland. The firearm was in a zippered case, and �vas reported to the police by Lincoln Pawn in its required reporting of transaction as a Remington 7A00 30/06 Rifle, serial # B8325188. St. Paul Police Sergeant Simmons did a check of the item and found it reported stolen. He contacted Ms. Hovland, who stated that the firearm she had actually pawned was a Benelli 12 guage shotgun, and that the other gun had been stolen from her boyfriend and was still missing. Sgt. Simmons went to Lincoln Pawn and verified that the firearm pawned by Ms. Hovland in the transaction, reported to be the Remington, was actuaily a Benelli, serial # Z008582. The clerk stated to Sgt. Simmons that he had never opeaed the � case when it was pawned, that Ms. Hovland has pawned the Remington many times and he relied upon the old computer information regarding the firearm, rather than inspecting it and describing the property. This is a violation of Saint Paul Legislative Code §344.04(a)(3). Pz�e 2 Lincoln Pawn & Jewelry July 27, 2001 01- � 11�1 If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL7). If you wish to have such a hearing, please send me a letter statin� that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, August 6, 2001, hofv you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, C/ � ��rv�c� chp,�x�cC�. b Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 o�_��\� STATE OF MINNESOTA COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 30, 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: Owner/Manager Lincoln Pawn & Jewelry 1675 White Bear Avenue North St. Paul, MN. 55106 (which is the last known same, with postage prepaid Minnesota. Subscribed and sworn this 30th of �ul , 2 ,` l address of said person) depositing the in the U to before me Notary Pub1i PETcR ?. PA'rIGBO°3u IdOTAftY ?UBIJC -'MiNN:SO7A rnv coxarn3ssiora EXF!2 £ s .�nra. 3i, 2co5 License Group Comments Text Licen�ee: EIGHTH FINANCIAL �BA� LINCOLN PAWN & JEWELRY License #: 0075094 4/22199 57000 fine received. CAR 4/5/99 - Sent Fine letter (51,000 due 4/23/99) - LAB 3/24/99 CF 9g-280 approved 51000 fine for failure to maintain video tapes for 4 months. CAR 3/5/99 Notice of council hearing from CAO. Hearing set for 3/24/99. CAR 2/9l99 Notice of violation {etter from CAO for failure to maintain transaction videos for 4 monihs. CAR 07/25/2001 V��` I D l - ��\'�, ` . � License { �censee I Lic. Types 3 C•� Property C Licensee �' Unofficiel StreEt #: 675 SYreet Type: i Llnd Ind. Cdy. Stffie. � Ward: ; Dist Counai Licensee. OBA: Licensee GHTM FINANCIAL DBA WCOLN PAWN 8 JEWELRY Insurence � Bontl I RequiremeMs � � Pro�ect FadlM1ator: ASUNGON, COftINNE _ _ Ativerse Adion Commerrts AVE Direction: N � Und # r �� Ucense Group CommeMs Zip: 55706 R259$�OOOfinereceived.CAR 15N9 - Serd Fine letter (S1,a00 tlue 4t23h�9) - LAB -06na' ;e;'', 24h19 CF 99-280 approvetl $1000 fne for failureto airrtain video tapes for 4 morM1hs. CAR l559 Nahce of counal hearinq from U0. Hearinq set FINANCIAL Licensee V PAV4N & dEV4ELRY Commerrts: I Bus Phane: 6511774-1727 econd Hentl Deeler - Single Locffiion R � 0912611994 01 tl1 R002 N $66.�0� awnShop __ C , 09R6f1994 01t11RD02 N $2,SO0.00i Total: $2,566.00i License # ...._._... ..�....�, .� _.__... _ _.m....._ .. . �Start �6raipV4�i�� qJ.?,,;� ��?. ��e�Qu� s�x Fiopei6es'_•, � __..�� .. . '�3�3�M�:s ��_,.�_ .,. . o�-��.� ��' � �� (� Licensee GHTH FINANCIAL Fay p� ..wrm"-: a.� "S`"g!4. DBA PICOW PAWN 8 JEVVELRY License Licensee � Lic. Types I Insurance , Bond � Requireme�ds � LicenseeName: GHTHFlNANCIAL ��:_��;rg. DBA: PJCOLN PAVNV 8 JEWELRY Saies Tex id' 029591 Non-ProfR r Wlwker's Comp: 1 R2f2002 >P[a�Nies':: � AA CoMract ReNtl: ONON000 AA Training Rec'd �NON000 AA Fee Colleded: ONON000 DiscourR Rec'tl: r Other A enc Licenses Financial Hold Reasons Cdlie'[Gce�n9A9eE��1`�emei�is�.IYPe�;��`G"ers" FxGe : R� . ' ::iC�eGve:"�__�"e,--. -� ��.W�. , . ..� MailLicenseTO:— �'rvae �a � �s� ��e�� `� �a G' Mea ro coma�t �usmessMt00ID0IDWU00N0A00SHGFfTHFINANQAL +_ (657)7747727___ ('LicenseAddress tther OONONOOQDONOA00;_YVEDEMEYER ° CHARLES _( ) Mher OONOlOOOq00NO/000iJVEDEMEYER � �CHARIES ( ) . -Mail Invoice To: — Mher 00/ODNOODOOIDOA00 EIGHTH FINANCIAL __ ) � Mail To CarM1ad _' - �___ .�(651 0�0-0000" ;{.' I ��:t � r *�i.=;�`"r"x':�"�ar � �:*": ="a"� .+=�avixrd ; r License Adtlress Back9rountl Check Requiretl r License # b5094 Save . �Stac[ ��3�wP �. � ��= q]P,,�°�PP,,,,. °� ECL[ �� '�jix_?'ge,Query � u Pio erhex � �° � ; - � � �1�� , - - — -�� .�ls Q,.� � �:�' :�� _._�. � � � ` V `� Lice.nsee HTH FINANCIAL DBA PICOWPAWN&JEWELRY License I Licensee Lic. Types � Insurence , Bontl f License Type: Pawn Shop �i Effedive: 9R611994 Expiration: 1f112002 Apply DiscourA: r Remove DiscouM: r Discourrt Rec'd r Replace Fee r # of Unds: r1 � RequiremerRs � License Ciass Sta[us: SYatus Changetl: Appficffiion Date �' , . _ _ '�' ' ' � F .- � _�. —.. � �:P. �.;:;r"�Q..,,,��_�[�me� �'�� s�',.a�." 3�ad'�.9Re�": . _ _- � ..��, �_ •. . �4 �esG e Ta9 #. �— �fi�`�{� ax�-< Fields License Type Commerrts lon � �( 9F � — License # Save Chenges to History ; "'<7� 2af2 t:�Statt.S�G�m��;��:�EEt[�5�:'P{�� C��---�Lt,�.e�ns,e �IP�oPe�t�es �'�:�. - .��..��.. 338Ph1.::`l o�—��,� -�- sX ��; � � � �'I�"��'�"°� DBA� COIJV &.IEV4ELRY License 1 Licensee � Lic. Types I Insurance Bontl � RequiremeMS 1 License Type: awn Shop � Bond Type. Surety Bond — Bontl #: 755335 Company Address Phone #: AmouM: 5,000.00 gpr�tl Rec'd. Effedrve: 9R611994 Canceled: Exp"vatian: 0l�ON000 CanceiRec'tl: CoMinuous � Agency: � Atltlress: r Pho�e #: �1 - r...- License # aroor000n o,nor0000 LL ,�`�', t Of 7 �?�: �.'� . 2 of 2 . . �� ° y � ; �Stad. �Grouf?�:-�' �iE��7��E`�Eice:�� u FjnPr,' � _�_._� - E3° '�7�� 338PMT## r ? � 3 � F GompJaiM N•umber 01-054519 Saint Paui Police Department Page t ORIGlNAL O�FENSE i lNCIDENT REP�RT o�-��1 Re�erence C.N Pnmary otfense Date anQ Tlme ol Report INFORMATION REPORT 03(2112Q01 10:31 Pdmary Reportr'ng oJhcer. �y�CHAEL R SIMMONS ?rimary offense defad.' Pnmary squad: 7 y4 Secondary reporting athcer. D;strct EASTERN ( ) Sec�ntlary of(ense: tocacon ottncident 1675 WNITEBEAR AV Pdame oftocafior✓business: LINCOLN PAWN #1 Date 8 tlne of occurence: (}3/12/2�01 10:05 Arrest mads? Daie & time ol anest: POLtCE PERSONNEL INVOLVED Anest made on view. arrest matle on wanant or pre�cus CN. Weapons used by po6ce: Weapons useo by suspect at G'me ot arrest. Parsui! engaged: Resistance encounterau: CHARGES (NONE) NAMES (NONE) CRtME SCENE DESCRIPTORS Glme Scan� Mafhod & Point of Entry Tvae RETAIL Description SPECiALTY STORE Farce used (�}OT FORCED Point o1 enfry Metrcd PROPERTY (NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can suspact be iden6hed? Can be identrhed by Cnme scene processed? Photos taken? Evidence tumed in? fs stWert property tracaable? Property fumed in� ��. NARRATIVE I, Sgt. Simmons work in [te Vice Unit and am responsible for nonitoring the Pawn Sho�s within the City of St. Paal. Thz main way I do tnis is thru Automated Pa.�•n Systems or APS. Th�e sansactiors done in tfle Pawn Shops aze computerized, then downloaded to a cerminal in my ofiice where I review an3 check to see iF any of these items are stolen. On 3-I2-2001 a Hoviand, Valerie brough: iu a fuearm to Lincoln Pzwn #1, 1675 Wi;itebeaz Ave., 651-774-1;27 and pawned it Hotland has breught in maey guns before to Lincoln PaH-n. She supposediy told clerk, hiazsb, John that the gun in the zipped case was a Remington 7400 3dl06 Ritle, serial f{ B8325188. Since this gun has been pawned t6ree times before at Lincofn, Mazsh never ogeaed the gun case to look at che gun. He used tl:e old comput:r information he had on this rifle and entered this inforcnaticn in cl:e y .r Pfir�, �� _�£ Comp/aintNumbe� 01-054519 INFORMATION REPORT 03/21 /2001 10:31 computer. I ran this fireazm and found it to be stolen out of Siren WI. I catled Lincoln and taiked to Mazsh, telling him to put this fireum on Police hold. He did not say anything to me about this uansaction. A&er some investigating, I called Hovland and asked her about the Remington Rifle. She told me that on 3-12-2001,she had actually brought in a Benelli 12Ga. shotgun, and told Mazsh that it was the Remington. The next day she realized her mistake, and called Mazsh ro tell him. Hovland said that ffie Remington had been stolen from her boyfriend in November 2000, and is still missing. Hovland said it was her mistake for telling Marsh the gun was the Remington. I went to Lincoln #1 and looked at the gun. It was in a black zipped case with the name ` Benelli" written on the outside of this case. Inside the case was a Benelli 12 Ga.Shotgun, serial # Z008582. Mazsh told me that he did not open the gun case when Hovland brought it in. She has brought guns in many tunes before, so Marsh just took her word that [he gun was the Remington. He used the oId computer information he had on this gun and entered it in the computer that way. He admitted knowing that license regulations require him to look at each item he takes in and put in a full description of such property. I told him that I would be sending a copy of this report to the City Attorney /LIEP for review. Regulation 344.04 (3) covers this situation. Please distribute to: CHF Hom Rob _Sex CO D/C _Burg _Rptr _Vice Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT o�-��'1 Reference C.N. Primary offense Date and rme of Report _Juv _Oper _"Ihefr _Prop Nazco SIU _PSC _Lab _CAU _F&F _T&A _Other _Rec _Team _Auto _DAO � ' Saint Paul Police Department �� PUBLIC OFFENSE / INCIDENT REPORT Page t of 1 O�—\\\'� Complaint Number Reference C.K Primary Offense Date and Time ofReport 01-054519 INFORMATION REPORT 03/21/2001 10:31 7�nmaryReportingofhce� MICHAELRSIMMONS Primary squad: 7g4 Secondaryreportingofficer. - District Ep,STERN ( ) Secondary o/fense: Cocation ofincident: 1675 WHITEBEAR AV Name ofloca6on�usiness: LINCOLN PAWN #1 Date & sme of occurence: 03/12/2001 10:05 Anest made? Oate 8 Sme of anest POLICE PERSONNEL INVOLVED Anest made on view: Pursuft engaged: Anest made on warrant or previous CN: Resistance encountered: Weapons used by police: Weapons used by suspect at time of arrest: CHARGES (NONE) NAMES (NONE) Council File # p \ � �� QR�Gf �lAL Presented By RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #� O 3 7.9, 39 Referred To Committee: Date 1 WHEREAS, the Office of License, Inspections and Environmental Protection initiated adverse 2 acrion against the Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the 3 premises located at 1675 White Beaz Avenue North in Saint Paul (License ID# 75094) through a Norice 4 of Violation dated July 27, 2001; and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the basis for the violation was the failure to properly record a h-ansaction involving a pawned firearm, in violation of Saint Paul Legislative Code §344.04; and WHEREAS, the transaction was reported to the Saint Paul Police Department as requized but incorrect information regarding the firearm pawned was submitted because the clerk failed to open the case and inspect it, but instead relied upon the information submitted by the customer, who had pawned the reported firearm there previously; and WHEREAS, on March 24, 1999 , under Council File 99-280, the Council imposed a fine of $1,000 on the same licensee for failure to maintain video tapes for the period required by the ordinance; now, therefore, be it RESOLVED, tt�at the Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paul (License ID# 75094) is suspended for a period of ten days, said ten days to be stayed for a period of eighteen months on the condition that there be no further violations during the eighteen months and the licensee pay a fine of $2,000. The fine shall be paid to the Office of License, Inspections and Environmental Protecrion within thirty (30) days of the adoption of this resolution. Requested by Department of: Adoption Certified by Council Secretary By: Approved by MayoY: Date _+��%��Fy5717 7/%1!{ yr--r....y By: l-�S-'I�'�Ri"�"-v r � � �Js-'c� Form Approved by City Atto� BY �i Approved b Mayor for Submission to Council By: /� � �� Adopted by Council: Date � �� OD , DEPARTM1fENT/OFFICE/COUNCQ.: DATE IN3'CIATED OFFICE OF LIEP September 26, 2001 GREEN SHEET No .: Rager�,� 103291 0�-��Z. 266-9103 CONTAGT PERSOM & PHONE: IlVmN/DA'tE INInN/DAIE Christine A. Rozek � nss�cN i.>nEr�ucrnm�r nm ✓ s.� crrr munic¢, 266-9108 �,�� z.>crrsrwrroxr�x_� crrr��x FOR FINANCL9LSERVDIA FINANCLV,SERV/ACC[C MOSIBEONCOUNCQ.AGENDA BY(DATE) ROUTING M/�YOR(ORASST.) CIVIl.SERVICECObA�tISSION o�toi�r za, Zooi � p � . °'�� TOTALROFSIGLUiUREPAGES (CIdPALi.IACATIONSFORSRGNAT[IRE) acr[oN xeQUSS-rso- That the Pawnshop License held by Eight Financial d/b/a Lincoln Pawn and Jewelry for the premises located at 1675 White Beaz Avenue North in Saint Paul (License ID# 75094) is suspended for a period of ten days, said ten days to be stayed for a period of eighteen months on the condition that there be no fiuther violations during the eighteen months and the licensee pay a fine of $2,000. The fine shall be paid to the Office of License, Inspections and Environmental Protection within (30) days of the adoprion of this resolution. RECOMbvIENDATIONS: Approve (A) or Reject (R) PERSONAL SERVtCE CONTRACCS MUST ANSR'F.R T9E FOLIAWING QliESTIONS: 1. Hast6ispersod5cmevcrworkedwdvaeonliac[fmiLisdepazmimt? PLANMNGCOMMISSION Yes No ' CIBCOMMI'ITEE 2. Hasttispersnd5tmevwbcenacity�ployee? �CNILSERV[CECOMIvIISSION Yes No 3. Daeathispe�son/61mpossessaskillnotnmmallypossessedbyavycurzentcityemployee? Yes No Ezplaiv sll yee aoswers ou xparace shcet avd attach m gxev shxt IlNTTTA7ING PROBI.EM, ISSIJE, OPPOR70NIiY (Who, What, Whev, Where, Why): Failure to properly record a h�ansacrion involving a pawned fireazm in violation of Saint Paul Legislafive Code 344.04. The transaction was reported to the Saint Paul Police Deparhnent as required but incorrect informarion regazding the firearm pawned was submitted because the clerk failed to open the case and inspect it, but instead relied upon the information submitted by the customer, who had u pawned the reported fireann there previously. ADVANTAGESIFAPPROVED: ' �A f�ese�r�h ��tstpr � �-� � DISADVANTACESIFAPP$OVED: '-k DISADVANTAGESIFNOTAPPROVED: Pawnshops, with a lack of enforcement, will fail to properly check pawned firearms. TOTALAMOUN'1'OF'I'RANSACTION:$ COST/REVENUEBIIDGETED: � � � FUNDING SOURCE: ACIIVI7'Y NUhffiER: FINANCIAL PIFORMATION: (EXPI.AIN) c:�wwnows�o�sn'oaaav a�iaauummiwwo.�.wa CITY OF SAINT PAUL Norm Co[emnn, Mayor September 26, 2001 OFFICE OF THE CITY ATTORNEY Clnyton M. Robinsort, Jr., Ciry Attorney O` �„ `w � C1VII D[V[5%OR 400 Ciry Nali Telephone: 651 266-8710 ISWestKelloggBlvd. Facsimile:651298-5619 Saint Pnul, Mirsnuota i.5102 NOTICE OF COUNCIL HEARING John M. Miller Peterson, Fram & Bergman Suite 300, 50 East Fifth Street Saint Paul, Minnesota 55106-2931 RE: Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue 23orth 3n Saint Paul License ID #: 75094 Dear Mr. Miller: Please take notice that a hearing concerning the above-named establishment has been scheduled for 5:30 p.m., Wednesday, October 24, 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 Councii for their consideration. This is an uncontested matter in that the facts of the violation have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for a 10 day suspension of the pawnshop license, with the suspension being stayed for eighteen months on the condition that there be no further violations during the eighteen months and a fine of $2,000.00. IF you have any questions, please call me at 266-8710. Very truly yours, `'�� ur�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood Ave. E., St. Paul, MN 55119 o �-�� UNCONTESTED LICENSE HEARING Licensee Name: Address: Eighth financial d/b/a Lincoln Pawn 8� Jewelry 1675 White Bear Avenue North Council Hearing Date: October 24, 2001 Violation: Failure to inspect and record information on pawned firearm Date of Violation Place: March 31, 2001 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: Ten day suspension of Pawnshop License, stayed for 18 months on the condition that there be no further violations during the 18 months and licensee pay a$2,000.00 fine Attachments: 1. Proposed resolution 2. Notice of Violation 3. License information 4. Police Report CN 01-054519 OFFICF ' THE CITY ATTORNEY Clrryton ILt. nobinsors, Jr., City Attorney �� \�� CITY OF SAINT PAUL Civil Di��rsion Norm Colemnn, M��or 400 Ci�y� Hal1 Te(ephone: 65! 266-87f 0 ISWestKelloggBlvd. Facsimile:651298-56/9 Snin� Paed, Minnuota 5510? � July 27, 2001 NOTICE OF VIOLATION Owner/Manager Lincoln Pawn & Jewelry 1675 White Bear Avenue North Saint Paul, Minnesota 55106 RE: Pawnshop License held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paul License ID #: 75094 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the Pawnshop license held by Eighth Financial d/b/a Lincoln Pawn & Jewelry for the premises located at 1675 White Bear Avenue North in Saint Paui. The basis for the recommendation is as follows: On March 31, 2001 a firearm was pawned at Lincoln Pawn by Valerie Hovland. The firearm was in a zippered case, and �vas reported to the police by Lincoln Pawn in its required reporting of transaction as a Remington 7A00 30/06 Rifle, serial # B8325188. St. Paul Police Sergeant Simmons did a check of the item and found it reported stolen. He contacted Ms. Hovland, who stated that the firearm she had actually pawned was a Benelli 12 guage shotgun, and that the other gun had been stolen from her boyfriend and was still missing. Sgt. Simmons went to Lincoln Pawn and verified that the firearm pawned by Ms. Hovland in the transaction, reported to be the Remington, was actuaily a Benelli, serial # Z008582. The clerk stated to Sgt. Simmons that he had never opeaed the � case when it was pawned, that Ms. Hovland has pawned the Remington many times and he relied upon the old computer information regarding the firearm, rather than inspecting it and describing the property. This is a violation of Saint Paul Legislative Code §344.04(a)(3). Pz�e 2 Lincoln Pawn & Jewelry July 27, 2001 01- � 11�1 If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (AL7). If you wish to have such a hearing, please send me a letter statin� that you are contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, August 6, 2001, hofv you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8710. Sincerely, C/ � ��rv�c� chp,�x�cC�. b Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Chuck Repke, Community Organizer, Dist. 2 Community Council, 1961 Sherwood Ave., St. Paul, MN 55119-3230 o�_��\� STATE OF MINNESOTA COUNTY OF RAMSEY ) ) ss. ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 30, 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: Owner/Manager Lincoln Pawn & Jewelry 1675 White Bear Avenue North St. Paul, MN. 55106 (which is the last known same, with postage prepaid Minnesota. Subscribed and sworn this 30th of �ul , 2 ,` l address of said person) depositing the in the U to before me Notary Pub1i PETcR ?. PA'rIGBO°3u IdOTAftY ?UBIJC -'MiNN:SO7A rnv coxarn3ssiora EXF!2 £ s .�nra. 3i, 2co5 License Group Comments Text Licen�ee: EIGHTH FINANCIAL �BA� LINCOLN PAWN & JEWELRY License #: 0075094 4/22199 57000 fine received. CAR 4/5/99 - Sent Fine letter (51,000 due 4/23/99) - LAB 3/24/99 CF 9g-280 approved 51000 fine for failure to maintain video tapes for 4 months. CAR 3/5/99 Notice of council hearing from CAO. Hearing set for 3/24/99. CAR 2/9l99 Notice of violation {etter from CAO for failure to maintain transaction videos for 4 monihs. CAR 07/25/2001 V��` I D l - ��\'�, ` . � License { �censee I Lic. Types 3 C•� Property C Licensee �' Unofficiel StreEt #: 675 SYreet Type: i Llnd Ind. Cdy. Stffie. � Ward: ; Dist Counai Licensee. OBA: Licensee GHTM FINANCIAL DBA WCOLN PAWN 8 JEWELRY Insurence � Bontl I RequiremeMs � � Pro�ect FadlM1ator: ASUNGON, COftINNE _ _ Ativerse Adion Commerrts AVE Direction: N � Und # r �� Ucense Group CommeMs Zip: 55706 R259$�OOOfinereceived.CAR 15N9 - Serd Fine letter (S1,a00 tlue 4t23h�9) - LAB -06na' ;e;'', 24h19 CF 99-280 approvetl $1000 fne for failureto airrtain video tapes for 4 morM1hs. CAR l559 Nahce of counal hearinq from U0. Hearinq set FINANCIAL Licensee V PAV4N & dEV4ELRY Commerrts: I Bus Phane: 6511774-1727 econd Hentl Deeler - Single Locffiion R � 0912611994 01 tl1 R002 N $66.�0� awnShop __ C , 09R6f1994 01t11RD02 N $2,SO0.00i Total: $2,566.00i License # ...._._... ..�....�, .� _.__... _ _.m....._ .. . �Start �6raipV4�i�� qJ.?,,;� ��?. ��e�Qu� s�x Fiopei6es'_•, � __..�� .. . '�3�3�M�:s ��_,.�_ .,. . o�-��.� ��' � �� (� Licensee GHTH FINANCIAL Fay p� ..wrm"-: a.� "S`"g!4. DBA PICOW PAWN 8 JEVVELRY License Licensee � Lic. Types I Insurance , Bond � Requireme�ds � LicenseeName: GHTHFlNANCIAL ��:_��;rg. DBA: PJCOLN PAVNV 8 JEWELRY Saies Tex id' 029591 Non-ProfR r Wlwker's Comp: 1 R2f2002 >P[a�Nies':: � AA CoMract ReNtl: ONON000 AA Training Rec'd �NON000 AA Fee Colleded: ONON000 DiscourR Rec'tl: r Other A enc Licenses Financial Hold Reasons Cdlie'[Gce�n9A9eE��1`�emei�is�.IYPe�;��`G"ers" FxGe : R� . ' ::iC�eGve:"�__�"e,--. -� ��.W�. , . ..� MailLicenseTO:— �'rvae �a � �s� ��e�� `� �a G' Mea ro coma�t �usmessMt00ID0IDWU00N0A00SHGFfTHFINANQAL +_ (657)7747727___ ('LicenseAddress tther OONONOOQDONOA00;_YVEDEMEYER ° CHARLES _( ) Mher OONOlOOOq00NO/000iJVEDEMEYER � �CHARIES ( ) . -Mail Invoice To: — Mher 00/ODNOODOOIDOA00 EIGHTH FINANCIAL __ ) � Mail To CarM1ad _' - �___ .�(651 0�0-0000" ;{.' I ��:t � r *�i.=;�`"r"x':�"�ar � �:*": ="a"� .+=�avixrd ; r License Adtlress Back9rountl Check Requiretl r License # b5094 Save . �Stac[ ��3�wP �. � ��= q]P,,�°�PP,,,,. °� ECL[ �� '�jix_?'ge,Query � u Pio erhex � �° � ; - � � �1�� , - - — -�� .�ls Q,.� � �:�' :�� _._�. � � � ` V `� Lice.nsee HTH FINANCIAL DBA PICOWPAWN&JEWELRY License I Licensee Lic. Types � Insurence , Bontl f License Type: Pawn Shop �i Effedive: 9R611994 Expiration: 1f112002 Apply DiscourA: r Remove DiscouM: r Discourrt Rec'd r Replace Fee r # of Unds: r1 � RequiremerRs � License Ciass Sta[us: SYatus Changetl: Appficffiion Date �' , . _ _ '�' ' ' � F .- � _�. —.. � �:P. �.;:;r"�Q..,,,��_�[�me� �'�� s�',.a�." 3�ad'�.9Re�": . _ _- � ..��, �_ •. . �4 �esG e Ta9 #. �— �fi�`�{� ax�-< Fields License Type Commerrts lon � �( 9F � — License # Save Chenges to History ; "'<7� 2af2 t:�Statt.S�G�m��;��:�EEt[�5�:'P{�� C��---�Lt,�.e�ns,e �IP�oPe�t�es �'�:�. - .��..��.. 338Ph1.::`l o�—��,� -�- sX ��; � � � �'I�"��'�"°� DBA� COIJV &.IEV4ELRY License 1 Licensee � Lic. Types I Insurance Bontl � RequiremeMS 1 License Type: awn Shop � Bond Type. Surety Bond — Bontl #: 755335 Company Address Phone #: AmouM: 5,000.00 gpr�tl Rec'd. Effedrve: 9R611994 Canceled: Exp"vatian: 0l�ON000 CanceiRec'tl: CoMinuous � Agency: � Atltlress: r Pho�e #: �1 - r...- License # aroor000n o,nor0000 LL ,�`�', t Of 7 �?�: �.'� . 2 of 2 . . �� ° y � ; �Stad. �Grouf?�:-�' �iE��7��E`�Eice:�� u FjnPr,' � _�_._� - E3° '�7�� 338PMT## r ? � 3 � F GompJaiM N•umber 01-054519 Saint Paui Police Department Page t ORIGlNAL O�FENSE i lNCIDENT REP�RT o�-��1 Re�erence C.N Pnmary otfense Date anQ Tlme ol Report INFORMATION REPORT 03(2112Q01 10:31 Pdmary Reportr'ng oJhcer. �y�CHAEL R SIMMONS ?rimary offense defad.' Pnmary squad: 7 y4 Secondary reporting athcer. D;strct EASTERN ( ) Sec�ntlary of(ense: tocacon ottncident 1675 WNITEBEAR AV Pdame oftocafior✓business: LINCOLN PAWN #1 Date 8 tlne of occurence: (}3/12/2�01 10:05 Arrest mads? Daie & time ol anest: POLtCE PERSONNEL INVOLVED Anest made on view. arrest matle on wanant or pre�cus CN. Weapons used by po6ce: Weapons useo by suspect at G'me ot arrest. Parsui! engaged: Resistance encounterau: CHARGES (NONE) NAMES (NONE) CRtME SCENE DESCRIPTORS Glme Scan� Mafhod & Point of Entry Tvae RETAIL Description SPECiALTY STORE Farce used (�}OT FORCED Point o1 enfry Metrcd PROPERTY (NONE) VEHICLE INFORMATION (NONE) SOLVABILITY FACTORS Can suspact be iden6hed? Can be identrhed by Cnme scene processed? Photos taken? Evidence tumed in? fs stWert property tracaable? Property fumed in� ��. NARRATIVE I, Sgt. Simmons work in [te Vice Unit and am responsible for nonitoring the Pawn Sho�s within the City of St. Paal. Thz main way I do tnis is thru Automated Pa.�•n Systems or APS. Th�e sansactiors done in tfle Pawn Shops aze computerized, then downloaded to a cerminal in my ofiice where I review an3 check to see iF any of these items are stolen. On 3-I2-2001 a Hoviand, Valerie brough: iu a fuearm to Lincoln Pzwn #1, 1675 Wi;itebeaz Ave., 651-774-1;27 and pawned it Hotland has breught in maey guns before to Lincoln PaH-n. She supposediy told clerk, hiazsb, John that the gun in the zipped case was a Remington 7400 3dl06 Ritle, serial f{ B8325188. Since this gun has been pawned t6ree times before at Lincofn, Mazsh never ogeaed the gun case to look at che gun. He used tl:e old comput:r information he had on this rifle and entered this inforcnaticn in cl:e y .r Pfir�, �� _�£ Comp/aintNumbe� 01-054519 INFORMATION REPORT 03/21 /2001 10:31 computer. I ran this fireazm and found it to be stolen out of Siren WI. I catled Lincoln and taiked to Mazsh, telling him to put this fireum on Police hold. He did not say anything to me about this uansaction. A&er some investigating, I called Hovland and asked her about the Remington Rifle. She told me that on 3-12-2001,she had actually brought in a Benelli 12Ga. shotgun, and told Mazsh that it was the Remington. The next day she realized her mistake, and called Mazsh ro tell him. Hovland said that ffie Remington had been stolen from her boyfriend in November 2000, and is still missing. Hovland said it was her mistake for telling Marsh the gun was the Remington. I went to Lincoln #1 and looked at the gun. It was in a black zipped case with the name ` Benelli" written on the outside of this case. Inside the case was a Benelli 12 Ga.Shotgun, serial # Z008582. Mazsh told me that he did not open the gun case when Hovland brought it in. She has brought guns in many tunes before, so Marsh just took her word that [he gun was the Remington. He used the oId computer information he had on this gun and entered it in the computer that way. He admitted knowing that license regulations require him to look at each item he takes in and put in a full description of such property. I told him that I would be sending a copy of this report to the City Attorney /LIEP for review. Regulation 344.04 (3) covers this situation. Please distribute to: CHF Hom Rob _Sex CO D/C _Burg _Rptr _Vice Saint Paul Police Department Page 2 ORIGINAL OFFENSE / INCIDENT REPORT o�-��'1 Reference C.N. Primary offense Date and rme of Report _Juv _Oper _"Ihefr _Prop Nazco SIU _PSC _Lab _CAU _F&F _T&A _Other _Rec _Team _Auto _DAO � ' Saint Paul Police Department �� PUBLIC OFFENSE / INCIDENT REPORT Page t of 1 O�—\\\'� Complaint Number Reference C.K Primary Offense Date and Time ofReport 01-054519 INFORMATION REPORT 03/21/2001 10:31 7�nmaryReportingofhce� MICHAELRSIMMONS Primary squad: 7g4 Secondaryreportingofficer. - District Ep,STERN ( ) Secondary o/fense: Cocation ofincident: 1675 WHITEBEAR AV Name ofloca6on�usiness: LINCOLN PAWN #1 Date & sme of occurence: 03/12/2001 10:05 Anest made? Oate 8 Sme of anest POLICE PERSONNEL INVOLVED Anest made on view: Pursuft engaged: Anest made on warrant or previous CN: Resistance encountered: Weapons used by police: Weapons used by suspect at time of arrest: CHARGES (NONE) NAMES (NONE)