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96-1136 0 R I G J N Council File # � 3� A L Green Sheet # �� � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By 6�2��'rt.�- .S�D Referred To Committee: Date 1 2 3 RESOLVED, that the Licensee, Q.C. Energy II, L.C. d/b/a Jiffy (License ID No. 41081), 4 located at 637 Rice Street in Saint Paul is hereby ordered to pay a fine of $200.00 for the 5 violation of the sale of tobacco or tobacco products to a minor. 6 7 Said fine shall be paid to the Office of License, Inspections and Environmental Protection 8 within thirty (30) days of the adoption of this resolution by the Council and signature by the 9 Mayor. 10 11 This resolution and the action of the Council in this matter are based upon the facts 12 contained in the Notice of Violation letter to the licensee, the investigation report, and such 13 arguments as may have been presented to the Council at the public hearing. The facts were not 14 contested by the licensee. 15 16 17 Y� Navs Absent Requested by Department of: a e ostrom � arris eearn �~ `%/�� e man — � �/'L!/� une ✓ By� —T —r` q Form Approved by City Attorney Adopted by Council: Date Sae��- �1. q L � Adoption Certified by Council Secretary By. /, � By� � a' . �M�`�, npproved by Mayor for Submission to Council Approved by Mayor: Date 1 ���+ By: �, �� `� By. � �,���` � OATE IN IA D N_ 3.6 3 6 7 city councii 8/26/96 �iRE.E.N. S#'IEET --- - - - - a DEPNRTMENT DtR���D�� �cm courici� ��rw�o�►re Councilmember Blakey �+ �cirr�rropN�v �cmc�nK MUBT IL (DA ) �Q� �BUDGET DIRECTOR �FIN.A MC�T.BERYICE8 DIR. ORDEN MAVOR(OR A8.4FSTANn ' ' September 11, 1996 ❑ � TOTAL#E OF 3KiNATtlRE PAQES ' ' (CLIP ALL LOCATIONS FOR SK3NATUR� ACTION REOUESTED: Concerning adverse action against licenses held .by Q.C. Energy II, L.C. , dba Jiffy, 637 Rice Street. (Uncontested) . RECOI�MIE!lD�TIONS:App►ow tA►a RsHc1(R) PERSONAI sERVICE CONTRACTS MUST ANSWER TFiE FOI.�OWINO Q�fEST10Nd: _PLANNiNa t�AMwa3810N .�CIYtL BERVICE OGMMIBSK'Nd .1. Has tllis p�BOnRirtn eMe�work�d undar e coniraC.t fM tlds dsp�rN11l11t� _CIb�M�TEE _ YE3 �NO 2. Hu this pKSONfirm sver been a aly smploy�s? —��` — YES NO _DI8TRICi COUHT _ 3. Does this pKSOMirm poe�sas a�skNl not namaNY P�d bY a^Y a��Y�? BuPPORTB WMICH COUNCII OBJECTIVE4 YES NO Ezpldn�II yN�nsw�rs on��p�nt�shNt and�ttach to�rNn�h»t INtTIATINQ PfiOBLEM.188UE.OPPORTUNITY(Who.Wlwt.WMn.Wh�n.YYhY). A�/ANTAOEB IF APPROVED: DISADNANTi�E81F APPRONED: -,,,�y� /���p ��,� �Oi 471 1/�I!{!1 � AUG 2 8 1996 , �.,� � , DIBADVANTAOE8IF NOR APPRONED: TOTAL AMOUNT OF TRAN8ACTION : C08T/R@YENUE BUDEiETEA(GiRCLE ONE) YE8 NO FUNDINO SOURCE ACTIVITY NUMBER FINAWCIAL INFORMATION:(EXPLAIN) ` � OFFICE OF THE CITY ATTORNEY �mothy E. Marx, Ciry AJtorney �� _1 I � � � CITY OF SAINT PAUL Civil Division Norm Co%man, Mayor 400 City Hal! Telephone: 612 266-871 D I S Wesr Kellogg Bfvd. Facsimile: 612 298-5619 Sain[Paul, Minnesota SS101 �i August 22, 1996 NOTICE OF COUNCIL HEARING Kevin Slavin - Manager Jiffy 637 Rice Street Saint Paul, Minnesota 55103 Robert Jackson - Area Sales Manager Q.C. Energy II, L.C. 1347 Hadley Avenue North Oakdale, Minnesota 55128 Re: Licenses held by Q.C. Energy II, L.C. d/b/a Jiffy . for the premises located at 637 Rice Street Our File Number: G96-0321 Dear Mr. Slavin and Mr. Jackson: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m. , Wednesday September 11, 1996 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts contained in the reports concerning the unlawful sale of cigarettes have been admitted. 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 $200 . 00 fine. If you have any questions, please call me at 266-8710. Very truly yours �% � •,.��. Virginv� Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave . , St . Paul, MN 55103 q � - 113� UNCONTESTED LICENSE HEARING Licensee Name: Q.C. Energy II, L.C. d/b/a Jiffy Address: 637 Rice Street Council Hearing Date: September 11, 1996 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date: June 20, 1996 Place: Licensed Premises Presumptive Penalty: $200.00 Fine Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 fine (first offense) Attachments: 1. Proposed resolution 2. Letter of licensee or attorney agreeing not to contest the facts 3. Notice of Violation 4. License information 5. Compliance Report .C. ENER Y �������� � 6-Il��• Q G II, L.C. .TIFFY JUL 24 19�6 Oakdaled1MN 551 8 ����� ������� ` (612) 739-9727 Faz(612) 739-3024 July 19, 1996 Ms. Virginia D. Palmer Assistant City Attomey City of St. Paul-Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 RE: Notice of violation: Sale of Cigarettes to a minor at 637 Rice Street, ID No. 41081. Deaz Ms. Palmer: This letter is to inform you of our intent NOT to dispute the facts of the violation at the above address. We, as a company, do not condone the sale of tobacco products to minors. We aze dedicated to the training of all new employees in the proper procedures in the sale of controlled products, such as tobacco and alcohol. This violation helped us to identify the need for continued education of your employees. We have posted, in all fourteen Minnesota JIFFY Stores the"We Card"signage, but that is obviously not enough. We are seeking a company that will provide us with a secret shopper that could help us in this area. If you could recommend someone in this field,it would be most appreciated. You have my personal guarantee that this company will continue to provide training and education of our employees on the proper procedures in the selling of tobacco products. If you have any questions,please contact me at 739-9727. Sincerely, Robert Jackson Area Sales Manager . Jiffy Convenience Store RJ:mm . OFFICE OF THE CITY ATTORNEY - Timothy E JNorx, Ciry Altorney q ` ' ���� CITY OF SAINT' PALJL ClVII DlV%S%Oq No�rn Coleman, Mayor 400 Ciry Holl Telephone: 612 266-8710 1 S Wes�Kellogg Blvd. Focsimile: 61?298-5679 Sainl Paul, Minnesota 55102 � July 16, 1996 NOTICE OF VIOLATION Kevin Slavin, Manager Q.C. Energy II L.C. Jiffy 637 Rice Street Saint Paul, Minnesota 55103 RE: All licenses held by Q.C. Energy II L. C. d/b/a Jiffy License ID No. 41081 Dear Mr. Slavin: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all the licenses held at the above-named premises. This recommendation is based on the following: On June 20, 1996, an employee sold cigarettes to a minor under the age of I8 years fa the licensed premises. This is aa offense uader Mian. Stat. §609.685 and Saint Paul � Legislative Code §324.07. If you do not dispute the above facts, and send me a letter to that effect within 5 days, the case will be set before the City Council. You will have a chance to appear and make a statement before the Council as to the proper penalty, if any, to be imposed. If you do dispute the above facts, a hearing will be set 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 Council will ultimately decided the case. If this is your choice, please advise my legal assistant, Peter Pangborn, within 5 days, and we will take the necessary steps to set up that ALJ hearing. He can be reached at 266-8776 . Page 1 � ` - i ��� If you have any questions, you may contact me at 266-8710 . Sincerely, �,/� , /� .U(�h9 •,,�,.cl'�. � � �./ny�-G � � Virginia D. Palmer Assistant City Attorney cc : Robert Kessler, Director, LIEP Christine Rozek, LIEP Q.C. Energy II L.C. , P.O. Box 4540, Rock Island, IL 61204-4540 Michael Samuelson, Exec. Director, Thomas-Dale/Dist . 7 Planning Council, 369 University Ave . , St . Paul, MN 55103 Page 2 aG - il� � STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 17, 1996, she served the attached NOTICE OF VIOLATION on the following named person and company by placing a true and correct copy thereof in an envelope addressed as follows : Kevin Slavin, Manager Q.C. Energy II L.C. Jiffy 637 Rice Street St. Paul, MN. 55103 Q.C. Energy II L.C. - PO Box 4540 Rock Island, IL 61204-4540 (which is the last known address of said person and company) and depositing the same, with postage prepaid, in the United States mails at St . Paul, Minnesota. JO G. CLEMENTS Subscribed and sworn to before me . this 17th day of July, 1996. � Notary Public � RITA M. BOSSAqD � NOTARY PUBUC-MINN�SOTA RAMSEY COUNTY My Comm.Expiroa Jan.31,2000 • • L�� zD. . . . . . . . . . . . . . . . . . . A��oB� a� - cr 3� STAT. . . . . . . . . . . . . . . . . . . . . Business Name. . . . . . . . . . . . Q C ENERGY II L C Address . . . . . . . . . . . . . . . . . . 637 RICE ST Zip. . . . . . . . . . . . . . . . . . . . . . 55103 Doing Business As . . . . . . . . JIFFY License Name. . . . . . . . . . . . . CIGARETTE . GROCERY (C) . GAS STATION Exp Date. . . . . . . . . . . . . . . . . 02/21/97 Insurance Carrier. . . . . . . . Ins. Policy Number. . . . . . . Insurance Effective Date. Ins. Expiration Date. . . . . NOTE AREA. . . . . . . . . . . . . . . . 13150 . 1/24/96 APPN FOR NEW CIG, GROC(C) , & GAS STA APP'D . C.F. #96-82 Tax Id. . . . . . . . . . . . . . . . . . . 2432149 Worker Comp Exp Date. . . . . Telephone. . . . . . . . . . . . . . . . Press ' C' to continue, 'P' to print, or 'R' to redisplay. . . Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° + OFFlCE OF LiCENSE,INSPECTIONS AND ° � � ENVDtpN1yENTAL PROTECTION Roherr Kersler,Dirrcror q� �ll�G CITY OF SAINT PAUL LowRY PROFESSIOn;lL A'orm Colemon,Moyor Ti/ephoi��:612-?66-9pSa0 BU�INC Focsimilt: 6I?-.'66-9py9 Suirt 3Qp 612-266-9124 3S0 Sr. Perrr Srreer � Sainr Poui,Mr��nesoro SSI02-ISIO TiEMORArDUM - _ � t_���.�� :. � _� : __,... June 2l, 1996 - f � -- � . .:; TO: Bob Kessler '� � = � - � ` _ �; - ;: Director . . . . _ . _ - -- -_ ;, FROM: Yvonne Chaillet � Management Assis t SUBJECT: Tobacco Compliance Chec];s On Thursda��,June 20, 1996,Kris Scha�einler and I conducted tobacco compliance checl:s on 18 establishments. Tw•o of the 18 businases sold tobacco products to our decoy, $5.25. The names of these businesses,their addresses,and Whether or not they sol��ucts are noted of • below. �H•�paid$;5.00 for his time and cfforts. . Please reimburse Kris for e�penses totaling$40.25. Tharil;you. Vendor Name Address Sale Made Quick Stop 824 E. 7th Street No Forest Inn 850 E.Forest No ' Total Mart 976 E. 7th Street No �- Mobil Service 1390 E. Third Street No CIub Soda 130I Jessamine No Walgrcen's 1401 Mar}�land Ave. No Mini Pac 1184 Mar;�land Ave. No Kno��lan's Market 900 Maryland Ave. No Franl:'s Dairy$Del� 1201 Edgerton St Yes Jubilee 121 Maryland Ave. No Steiner Liquors 137 Maryland A��e. No Oriental Foods 133 Rice Sveet No � � Highlight AA Market 94�-D Rice Street No Merv���n Drug 945-C Rice Sveet No Citgo 637 Rice Street Yes AA Market 191 Western A��e. No Rosey's 613 Grand A�•e. No Walgreen's 734 Grand A��c. No Kno��lan's 79] Grand Ave- No cc: Kris Sch�reinler Pctcr Pangborn Ginger Palmcr � � . �t� �113� TpBAGCO COMPUANCE CHECK FORM #�� ppTE; � TIME: � � TAX l.D.NUMBEf� NAME OF COMPLI�WCE CHECI�R / • D NAME OF OFFICER NAME AND ADDRESS OF UCENSED VETIDOR . / 7" WAS THE TOBACCO—SEIf SERVE? ASSISTED?�� MACHB�IE? SALE WAS MADE YES V N0: BRAND: C�//'c�E.�' NAME OF CLERK: � / SIX: M F: _� .., - DESCRIPiION: CHECK ABOR'TED: YES N0: ADDITIONAL CONMENTS: _.. . . ��.