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Presented By
Referred To
Committee: Date
�U
RESOLVED, that the licensee, Savoy Inn, Inc. d/b/a Savoy Inn (License ID No. 16118),
located at 421 East 7`� Street in Saint Paul is hereby ordered to pay a fine of $400.00 for the
violation of the sale of tobacco or tobacco products to a minor.
Said fine 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 resolution and the action of the Council in this matter are based upon the facts
contained in the November 7, 2001 Notice of Violatidn letter to the licensee. The facts were not
contested by the licensee.
Requested by Department of:
Adoption Certified by Council Secretary
, ' \
. . . - . _ . ■ _ - Li �✓�
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Council File # O\� 1� � b
GreenSheet# .�OQ �3�
By: \ � � �"!�
Form Approved by City Att
By: ' / �-,�e�
Approved by Mayor for Submission to
Council
By:
Adopted by Council: Date [� 9 .�„ lq 2�Oa �
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DEPARTMEN'LOFF'ICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 200239 Q, �'
LIEP Dec 3, 2001 1pf
CONTACT YERSON & PHONE: INI'1'7nlenaiE IN1T1AI✓DATE
Virginia Palmer (266-8710) � DEP�rn�Errr nm. ci� couNCn.
NNST BE ON COUNCII. AGENDA BY (DATE) �IGN _ CIIY ATTOKNEY _ CTTY CLERK
NUMBER ��CIAL SERV DIlL FINANCIAL SERV/ACCTG
December19 �COIISellt� FOR MAYOR(ORASST.) _CIVII,SERVICECOMMISSION
ROI7TING
ORDER
TOTAL # OF SIGNATURE PAGES �(CLIP ALL LOCATIONS FOR SIGNATURE)
ncrioN �QUES�n: Adverse action against the Cigarette/Tobacco license held b ' /a Sauoy
Inn, located at 421 East 7�' Street SA.�'a`f' i f1N �( I�tL.
RECOMMENDATfONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTiONS:
PLANNPIG COMMISSION 1. Has [his person/firm ever worked under a contract for this department?
CIB COMMI'I'IEE Yes No
CNSL SERVICE COMMISSION 2. Has this personlfirm ever been a criy empioyee?
Yes No
3. Dces this person/ficm possess a skill not normalty possessed by any current ciTy employee?
Yes No
Explain aIl yes answers on separate sheet and attach to green sheet
INTTIATING PROBLEM, ISSUE, OPPOR'I'ONITY (Who, What, When, Where, Why):
� d/b/a Savoy Inn, failed October 24, 2001 cigarette compliance check.
SAV�7^ f t�ra� ir�tC,.
ADVANTAGESIFAPPROVED:
Council action necessary to impose presumptive penalty for license violarion.
DISADVANTAGES IF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED: �—"'?
No penalty will be imposed for license violation. pa ����� �,�n�
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: �'�y°�' tt E �
FUNDIlVG SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
[ \USERS�PANGBORMgreenshett-cigarette rpmpl B wpd
- OFFICE OF THE CITY ATTORNEY
Clayton M Robinson, Jr., Ciry Auorney
� � ���� —
CITY OF SAINT PAUL Civtl Division
Norm Coleman, Mayor 400 Ciry Hnll Telephorse: 651166-87l0
ISWuiKe[IoggBlvd. Facsinile:65129&56l9
Sain[ Pau(, Minnesota SSIO2
i
December 3, 2001
NOTICE OF COUNCIL MEETING
Owner/Manager
Savoy Inn
421 7` Street East
Saint Paul, Minnesota 55101
RE: Cigarette/Tobacco License held by Savoy Inn, Inc. d/b/a Savoy Inn for the premises
located at 421 E. 7` Street in Saint Paul
License II7 #: 16118
Dear Sir/Madam:
Please take notice that this matter has been set on the Consent Agenda for the Council meeting
scheduled for 3:30 p.m., Wednesday, December 19, 2001 in the City Council Chambers, Third
Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed aze 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 uniawful sale of cigazettes have not been disputed. The
recommendation of the license office will be for a$400.00 fine.
If you have any questions, please call me at 266-8710.
Very truly yours,
`! / . �
C� (��i� �.-.�.
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
John Vaughn, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
l�t-l�e�
UNCONTESTED LICENSE MATTER
Licensee Name
Address:
Counci{ Date:
Savoy Inn, Inc. d/b/a Savoy Inn
421 East 7�' Street
Wednesday, December 19, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legislative Code § 324.07
Date of Violation:
Place:
Presumptive Penalty:
$400.00 Fine (2" Violation)
Recommendation of Assistant City Attorney on behalfi of client, Office
of License, Inspections and Environmental Protection:
$400.00 fine (second offense)
Attachments:
1, Proposed resolution
2.Notice of Violation
3. Tobacco Compliance Check Purchase Form
October 24, 2001
Licensed Premises
4. License information
CITY OF SAINT PAUL
Norm Colemnn, �L1rs}'or
November 7, 2001
OFFICF � 'I'F;E CITY ATTORi�1EY
Clnyton M...r,binson, Jc, Ciry
bt -1306
Ci�•il Divirion
40Q Ciry Hnf! Tetephone: 651 266-8710
ISiVestKelloggBh�d. Fncsimile:651298-5619
Snint Pnuf, bfinnesotrs 5510?
NOTICE OF VIOLATION
Owner/Manager
Savoy Tnn
421 7` Street East
Saint Pau1, Minnesota 55101
RE: Cigarette/Tobacco License held by Savoy Inn, Inc. d/b/a Savoy Inn for the premises
located at 421 East 7`" Street in Saint Paul
License ID #: 16118
Dear Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigarette/tobacco license held by Savoy Inn, Inc, dlbfa Savoy Inn for
the premises located at 421 E. 7` Street in Saint Paul. The basis for the recommendation is as
follows:
On October 24, 2001, a tobacco compliance check was
conducted at the premises of the Savoy Inn located at 421 E. 7`
Street. A 15-year old female asked to purchase cigarettes.
The employee in the bar asked for identification and the
fifteen year old showed identification which properly listed her
date of birth and showed her to be underage. Nevertheless,
the clerk sold her a package of Kool cigarettes.
Sale of tobacco to an underage person is a violation of Minn.
Stat. §609.685 and Saint Paul Legislative Code §324.07.
Since this is a second violation, the licensing office will recommend a 5400.00 fine.
Page 2
SavoyInn
November 7, 2001
At this time you have three options on how to proceed:
O 1 -l'JO`
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 are entitled. A self-
addressed envelope is enclosed if this is your choice.
2. Altematively, if you do not dispute the above facts, but wish to have a public hearin�
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 �vill need to receive your
letter by Monday, November 19, 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 Judge. 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.
If we have not heard from you by Monday, November 19, 2001, we �vill 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,
�� a�ccC•��� ��
Virginia D: Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
John Vaughn, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
bl-t'�o6
STATE OF MINNESOTA
)
) Ss.
)
AEFIDAVIT OF STRVICE BY MAIL
COUNTY OF RAMSEY
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on November 8, 2001, she served the attached NOTICE OF
VIOLA'TION on the following named person by placing a true and
correct copy thereof in an envelope addressed as follows:
Owner/Manager
Savoy Inn
421 7 °fi Street E.
St. Paul, MN. 55101
(which is the last known
same, with postage prepaid
Minnesota.
Subscribed and sworn to before me
this 8th day of November, 2001.
Notary Publ
address of said person) depositing the
, in the United States mails at St. Paul,
PETER P. PAidGbORN
110fARY FIiBIJC -1���NeSOTA
p,�y �,OMAAtSSION
Ex�sr�,ES JAN 3'! � 20W`
OFF[CE OF LICENSE, INSPECTIOSdS ANB
ENVQ20NMENTAL PROTECTfON
Roger Curtis, Director O1 �„�`
Case #
Affix Label Here
CITY OF SAINT PAUL
Na,m Coleman, M¢yor
LOWRYPROFESSIONAL BUILDING Telephone: 657d669090
350 Sk Peter Stree{ Suue 300 Frscsimile: 651-266-9724
SainlPaul,Minnuota55102-ISIO Web: www.ci.sfpaul.mn.us/liep
Tobacco Compliance Check Purchase Form
��- ���� ltiE �
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j� �a� 5�51�s-- a �3 3
Business Type:
� Convenience � Convenience / Gas � Gas � Drug Store / Pham�acy � Tobacco / Smoke Shop
� Supermuket / Grocery � General Merchant �T:iquor Store / tauran � Othei (private dub bowting, etc.)
l
Date: �� / " / � � Time: � . � a.m �
M M D D Y Y
Was purchase attempted? If NO, check reason:
�Yes �No �Doesnotselltobacco �Unsatisfactory/unsa£econdirions
� Out of business � Other
� After business hours � Not applicable
Suyer �� Age Sea Adult ��� Did adult or officer transaction?
Use 3 initials ��; Use 3 initials Yes or �o
16 Male
17
3ale made2 Was age ask� �
Yes �or No Yes or /I3o)
l./
Type of purchase:
Service
Clerk assisted ��
Vending machine - Unlocked
Location of machine
_V ending machine - Locked
Location of machine
ClerkTnformation: �Female �Male
Approximate Age: �Ilnder 18
Civil Eenaity $
� bicensee: CiviTPenalry,$ -
' "_ FocO(ticeFTseOnfy - '
� Crixmnai Peaatry $
Susprnsion:_l6 days oe less
32 days td L
Actual age if known
I' and
�� ver
tI to 3 i dayg
= 0ver 1 yea`r,,.:' .
W requested? R'a ID shown?
Yes or No ese or No
Type�ef product . Amount spent: $ ��. � �
`�igazettes � T 1�
_Smokeless
_Other (cigazette papers, lighter, etc.)
_`
1
a � , �ao�.
Name of
Address:
,
� z,'�' � ��=' .
Date ofBirth
�-���- �%c�:
Driver's License # or State I.
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License G�oup Comments 7ext
Licensee: SAVOY lNN INC
�BA� SAVOY INN
License #: 00161'IS
��1Y� ���-�� i ���`�
11/OS/2007
0 `.��Q`
11/5/2001 To CAO for adverse action. CAR
11/05f2001 Sent congratulations letter for passing alcohol compliace check. SS �
70/24l2001 Failed tobacco wmpliance check. Clerk was Kathleen Bauer. Second failure, $400 matrix penalty. CAR
70/162001 Passed DPS alcohol compliance check conducted by SPPD. SS
70l312007 $50.00 rcvd from clerk Valorie Johnson for cig sales violation.ES
10/092001 ALJ report received from Valorie Johnson Hearing. $50 fine for sale of to6auA products in upheld, although the judge indicated that imposing
costs of the hearing would not be appropriate. CAR
09/07R007 $200 rcvtl for cig sale violation. caa
08/302001 Sent fine letter (5200 due 921/01). LAB
08/22/2001 CFOt-877 resolved that the licensee is hereby ordered to pay a Fine of $200 for violation of sale of tobacco. caa
08/07/2001 Notice of Hearing from CAO for Clerk, Valorie Jean Johnson. ALJ hearing scheduled for 09/13/2001, 9:30 AM, Room 41. CAR
07l122601 Notice of violation from CAO for sale of tobacco produds to a minor. Give to 07/23/2001 to respond. JL
07/O6l2001 To CAO for adverse action. CAR
07/02/2001 Failed tobacco compliance check. Cierk was Valorie Jean Johnson, 401 Sibley St #728, 55101. First sale, $200 matra penatry. CAR
07/24/2007 Notice of Council Hearing from CAO for a 08/22/2007 public hearing for sale of tobacco products to a minor. JL
07/12/2001 Notice of violation from CAO for sale of tobacco products to a minor. Give to 07123/2001 to respond. JL
07/06/2001 7o CAO for adverse adion. CAR
07/02/2001 Faited tobacco compliance check. Clerk was Vaiorie Jean Johnson, 401 Sibley St #728, 55101. First sale, $200 matrix penalty. CAR
03/08/2001 Passed tobacco compliance check. SS
OS/03/2000 Passed tobacco compliance check. SS
OS/25/2000 sent congratulations letter for passing alcohol compliance check. SS
05/06/2000 Passed U of M alcohoi compliance check conducted by Vice RamstadlReilly. SS
OS/72/99 passed cig compliance check, 09/09/99 letter sent SS
4l15l99 passed aicohol compliance check; no "unofficial" waming-DL
10/02/98 Congratulations letter sent. PJW
09l14l98 Passed cigarette compliance check. P,lW
10117
730 Seats 5-5-87
9/25/90 Name Of Licensee Changed From James M. Morelli To The Savoy Inn Inc Dba The Savoy I�n With The Addition Of Mary Elizabeth Moreili As An
Additional Stockholder At The Same Address Per Resolution Signed By Robert Kessler
7176f96 Cig Code Added Fd Id# 16119--Lap-Lic
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