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96-1173 ^"- - c � Council File # 1� � " � �" 1� � � . . ° �1 � J � � tl L ` ` `""' Green Sheet # 3 G y S 3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a3 Presented By Referred To Committee: Date 1 2 3 4 5 6 RESOLVED, that a fine of Two Hundred Dollars shall be imposed on Khadrah 7 Wazwaz, d/b/a 7th Street Market, located at 1658 E. 7th Street in Saint Paul. This penalty is 8 imposed based upon a finding of a violation of Saint Paul Legislative Code §324.07, the sale 9 of tobacco to a minor, which occurred on May 9, 1996. 10 11 This Resolution and the action taken above are based upon the record of proceedings 12 before the Administrative Law Judge, including the hearing on August 6, 1996, the stipulation 13 of facts, the ALJ's Findings of Fact and Conclusion of Law issued subsequent thereto, the 14 arguments of the Counsel for the city and the Licensee on September 11, 1996, and the 15 deliberation of the council in open session. Yea Navs Absent Requested by Department of: a e os �rom arris uerin e ar ettman une By� � Form Approved by City Attorney Adopted by Council: Date .� q q Adoption Certified by Council Secretary gy. � � BY� pproved by Mayor for Submission to Approved by Mayor: Date �Gl� Council By: �/�v (� � BY� g�- t1�3 � �� D11TE INITIATED N_ 3 �4 5 3 CITY COLTNCIL -9/17/96 �REEN SHEET . . __-- 8 E �DEPkRTMENT DIRECI�OR ITIAUD/1fE O CRY COUNCIL INITIAUDATE Councilmember Bostrom 266-8660 ��' �CITYATfORNEY �CITYCIERK NWMER FOR IL AOE ( ) Rp�� BUDOET DIRECTOR �FIN.&MQT.9ERVICEB DIR. SEPT. 25, 1996 CONSENT °RDER ❑"""�+�°R"��T""n ❑ TOTAL#F OF StQNATURE PAtiEB (CUP AL�LOCATtON3 FOR 8KiNATURE7 ACTION RECUESTED: Finalizing City Council ac�ion taken September li, 1996, concerning adverse action against licenses held by Rhadrah Wazwaz, dba 7th Street Market, 1658 7th Street. RECOMYENDATION8:Approv�(A)a Ryea(p) pERSONAL SERVICE CONTRACT8 MUST AN8WER THE F�LOWINO CU8sT10Ni: _PLANNMN3 COt�A1S810N _CIVIL BERNICE CO�AMIS810N 1. H�this psrsOn/Nrm sver worked ur�er a aonlraCt fa tMs dsp�rtrnsnt7 _Cls c�AA�AITTEE _ YES NO 2. Haa thfa penonrtirm ever bssn 8 dty employee? —�� — YES NO _asrnlCr c�uR7 _ 3. Does dde psreoMNrm posesa a skNl not normally Posaeseed bY�Y au��Y�PbY�e� BuPPORTB wMK�1 COUNCx.Oe,lECnvE? YE3 NO Ezplaln all ya�n�wers on s�r�sM�t�nd�ttaeh to�rwn�hNt INITIATIWO PROBIEM.�88UE.OPPORTUNITY(NRro�Whet.VVMn.V1mero.WhY): ADNANTAOES IF APPiiGVED: DISADVANTAOE$IF APPROVED: ♦ �, t, '�1C� R�Si°'F4t'f+� ��. �,; �� :4< �rdCi �'i�t�C SEP l 7 1996 SEP 1 `7 ��6 DI6AOVANTAOE8IF NOT APPRO'VEO: . - - .` _ TOTAL AMOUNT OF TRANBACTION i CO$T/REVENUE BUDOETEO(CIRCLE ONEj YES NO FUNDIFKi SOtlRCE ACTIVITY NUMB@R FINA►�IAL INFORMATION:(EXPLAIN) , OFFICE OF THE CITY ATTORNEY Timothy E. Marx, City Attorney CITY OF SAINT PAUL Civil Division ��_ � �� Norm Coleman, Mayor 400 City Hall Telephone: 612 266-8710 15 West Kellogg Blvd. Facsimile: 612 298-5619 Saint Paul, Minnesota 55102 � September 12, 1996 Nancy Anderson 310 City Hall RE: Wednesday, September 25, 1996 Council Hearing Items for Consent Agenda: 1 . Khadrah Wazwaz d/b/a 7th Street Market 2 . Wong Cafe, Inc . d/b/a Wong Cafe Nancy: Attached is the signed resolution identifying the penalty imposed on 7th Street Market by the council . Also attached is a resolution requesting the suspension of the licenses for the Wong Cafe. Because this one has to do with a statutory requirement involving the Minnesota Department of Revenue, there is no public hearing. I've attached a copy of the Notice the licensing office received and a copy of the licensing screen. I hope these will answer any questions you or the council may have. Please schedule both of these for the Consent Agenda for the Council Hearing on Wednesday, September 25, 1996 . Thank you. Sincer y �` - Peter P. Pangbo Paralegal OFFICE OF THE CITY ATTORNEY �mothy E. Marx, City Attorney CITY OF SAINT PALTL Civil Division ��a y � l�� Norm Coleman, Mayor 400 City Hall Telephone: 6I1 266-87J0 IS West Kellogg Bhd. Facsimile: 6J2 298-5619 Sainr Paul, Minnesota 55102 �� August 23, 1996 NOTICE OF COUNCIL HEARING Khadrah Wazwaz 7th Street Market 1658 7th Street East Saint Paul, Minnesota 55106 RE: All licenses held by Khadrah Wazwaz d/b/a 7th Street Market for premises located at 1658 7th Street East, St . Paul License ID No. 83233 Our File Number: G96-0229 Dear Ms. Wazwaz : Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license 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. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �pW1Cd RB�S�I�PCh Cdr1��`� �� ;�� "-�-� I�UU 2 � 19�� . Virginia D. Palmer Assistant City Attorney __..__. .....,..._..�..�....+�.�a cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP , Tim Dornfeld, Community Organizer, Dist . 2 Community Council, 2169 Stillwater Ave. , St . Paul, MN 55119 STATE OF MINNESOTA ;''�uou�••.. ''-Si� OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 �^ 1 f 100 Washington Avenue South G� �o� ` ,�� :• .+. Minneapolis, Minnesota 55401-2138 August 14, 1996 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of All Licenses Held by Khadrah Wazwaz d/b/a 7th Street Market; OAH Docket No. 91-2111-10642-3 Dear Mr. Owusu: On August 13, 1996 the Administrative Law Judge served the Findings of Fact, Conclusions and Recommendations in the above-entitled matter. Enclosed please find the official record including a copy of the tape recorded hearing. Our file in this matter is closed. Very truly yours, �� Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section&Administrative Services(612)341-7600 �TDD No. (612)341-7346 � Fau No. (612)349-2665 91-2111-10642-3 �/ J l 1� 3 w STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In the Matter of All Licenses FINDINGS OF FACT, Held by Khadrah Wazwaz CONCLUSIONS AND d/b/a 7th Street Market for the RECONIlVIENDATION Premises Located at 1658 Seventh Street East, Saint Paul The above-entitled matter came on for hearing before Administrative Law Judge Jane A. McPeak on August 6, 1996 in Room 41 Saint Paul City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102. Virginia Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, appeared on behalf of the City of Saint Paul (the City). Khadrah Wazwaz (Licensee), 6318 Unity Avenue, Brooklyn Center, Minnesota 55429, was present appearing�ro se. The record closed on August 6, 1996 after recital of a stipulation reached by the City and the Licensee. This Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05 (c-1), after receipt of this Report, the City Council shall provide an opportunity to present oral or written argument alleging error in this Report and to present argument related to any recommended adverse action. The parties should contact Nancy Anderson, Council Secretary, Room 310, Saint Paul City Hall, to ascertain the procedure for filing such argument or appearing before the council. STATEMENT OF ISSLTE The issue in this case is whether on May 9, 1996 the licensee or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. Based upon the stipulation of the parties, the Administrative Law Judge makes the following FINDINGS OF FACT 1. Khadrah Wazwaz is the licensee for the 7th Street Market located at 1658 Seventh Street East, Saint Paul, Minnesota. 1 � � � � i� 3 2. On May 9, 1996 the Saint Paul Office of Licenses, Inspections, and Environmental Protection (LIEP)was conducting a tobacco compliance check and visited the licensed premises at 1658 Seventh Street East. 3. The Licensee was not in the licensed premises on May 9, 1996 and had left her daughter Vicki Wazwaz in charge. 4. Vicki Wazwaz left the licensed premises briefly. 5. During Vicki Wazwaz absence from the licensed premises she left a 15 year old in charge. 6. During the time the 15 year old was in charge a representative, under the age of 18 years, from LIEP entered the licensed premises and asked to purchase a pack of cigarettes. 7. The 15 year old asked for identification and the underage male responded that he was from Iowa and did not have any with him. 8. The 15 year old became flustered and sold the underage male the cigarettes. 9. On July 5, 1996 a Notice of Hearing was mailed to the Licensee advising her that the City Council might take adverse action against her license for the illegal sale of cigarettes to a minor under the age of 18 years that occurred in her store on May 9, 1996. 10. No adverse action has previously been taken against the Licensee. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat Sections 14.55 and 340A.415 and the Saint Paul Legislative Code Sections 310.05 and 310.06. 2. The Notice of Hearing issued by the City was proper and all applicable substantive and procedural requirements have been fulfilled. 3. Saint Paul Legislative Code Section 310.06 allows adverse action to be taken against a licensee for, among other grounds, violation of any of the provisions of the Saint Paul Legislative Code or of any statute, ordinance or regulation reasonably related to the licensed activity. 4. Minn. Stat. Section 609.685 and Saint Paul Legislative Code Section 324.07 prohibit the sale of cigarettes to a minor under the age of 18 years. 2 . � C�-- l ��13 5. The City and the Licensee have stipulated that on May 9, 1996 a minor under the age of 18 years was sold cigarettes in the Licensee's store in violation of Minn. Stat. Section 609.685 and Saint Paul Legislative Code Section 324.07. 6. Although the Licensee neither committed the violation nor was on the licensed premises at the time that the violation occurred, she stipulates that she is legally responsible for the actions of the 15 year old who sold the cigarettes. 7. The presumptive penalty for the sale of cigarettes to a minor under the age of 18 years under Saint Paul Legislative Code Section 324.07 is a $200.00 fine. 8. There appears to be no reason to depart from the presumptive penalties. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECONIlVIENDATION IT IS RESPECTFULLY RECOMN�NDED that the Saint Paul City Council take adverse action against the license held by Khadrah Wazwaz d/b/a 7th Street Market and that it impose the presumptive penalty of a $200.00 fine. Dated this �3�day of August 1996. �- `Z'�1�r,/��fE- A. MCPEAK Administrative Law Judge NOTICE Pursuant to Minn. Stat. Section 14.62, subd. 1, the City Council is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Tape recorded. 3 � �-- l l'� .3 STATE OF NIINNESOTA DISTRICT COURT COLJNTY OF RAMSEY SECOND JUDICIAL DISTRICT ------------------------------------------------------------------------------------------------- AFFIDAVIT OF JANE A. MCPEAK -------------------------------------------------------------------------------------------------- State of Minnesota ) ) ss. County of Ramsey ) Jane A. McPeak, being first duly sworn, deposes and states: That in compliance with Minn. Stat. Section 14.50 and Minnesota Code of Agency Rules Section 1400.8100, I have prepared a Report In the Matter of All Licenses Held by Khadrah Wazwaz d/b/a 7th Street Market for the Premises Located at 1658 Seventh Street East, Saint Paul and have served by first class mail upon all parties a copy of said Report. � ,�. ��'l�.Pe��l� � e A. McPeak Subscribed and sworn to before me + ' this��day of August, 1996. ° ■ JOLENE CHLEBECK NOTARY PUBLIC-MINNESOTA ' 1Ap Cos�se��F.zptres J�.Jt,2000 otary Public ' ` STATE OF MINNESOTA ;'�uou��'•., ��Q„ L l / � `•Si� OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 _ 100 Washington Avenue South `�Si;i. .r. Minneapolis, Minnesota 55401-2138 July 13, 1996 Khadrah Wazwaz Virginia Palmer 7th Street Market Assistant City Attorney 1658 Seventh Street East 400 City Hall Saint Paul, Minnesota 55106 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 RE: All Licenses Held by Khadrah Wazwaz d/b/a 7th Street Market for the Premises Located at 1658 Seventh Street East, Saint Paul; OAH File No. 91-2111-10642-3 Dear Ms. Wazwaz and Ms. Palmer: As you know the above-referenced matter has been assigned to me for a hearing on August 6, 1996. I would like to advise you that from 1978-1990 I served as an attorney in the Office of the Saint Paul City Attorney and from 1990-1992 as City Attorney. During that time I worked closely with Ms. Palmer. Although it has been about 11/2 years since we have seen one another socially, I still consider her to be a friend. Additionally, about one year ago I served as an administrative law judge in a matter involving licenses held by Abed Wazwaz, Ms. Wazwaz's father. In my opinion neither of these situations in any way compromise my ability to preside in the above-referenced matter in a fair and impartial manner. However, if either of you have any reservations about my continuing with the case, please advise by letter George Beck, Administrative Law Judge, and another administrative law judge will be assigned. It is important that you make this objection no later than Wednesday, July 24th so that a new judge can be appointed and the hearing can go forward on August 6th. Failure to make an objection by July 24th will mean that I will continue with the case and no objection may be made at a later date. Please address all correspondence to me at Hamline University, 66 Drew Hall, MS-A1740, Saint Paul, MN. 55104. My fax number is 641-2987; the telephone number is 641-2799. Very truly yours, �,�-��.c__�-• Z1�.�f��.,1�. Jane A. McPeak Administrative Law Judge cc. George Beck Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section&Administrative Services(612)341-7600 �TDD No. (612)341-7346 � Fax No. (612)349-2665 , ' A OFFICE OF THE CITY ATTORNEY Timolhy E. Marx, City Attorney �'(� It� :� CITY OF SAINT PAUL ` �= '� I``�''�:��'�N,�DN;S;o„ Norm Coleman, Mayor ,, px, 4�ity Hall Telephone: 612 266-8710 ��7 �� —� t i1�'1 �-`15 s!Kellogg Blvd. Facsimile: 617 298-5619 $aint Paul, Minnesota SS102 .�..,-...�� .�; i€i",, :� I`�'t- wr� 1 i�i+�.�i,a,,t�.';'j July 5, 1996 NOTICE OF HEARING Khadrah Wazwaz 7th Street Market 1558 7*h Street East Saint Paul, Minnesota 55106 RE : Al1 licenses held by Khadrah Wazwaz d/b/a 7th Street Market for premises located at 1658 7th Street East, St . Paul License ID No. 83233 Our File Number: G96-0229 Dear Mr. Wazwaz : Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above : Date: Tuesday August 6, 1996 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Rellogg Blvd. Saint Paul, I�T. 55102 The hearing will be presided over by an Administrati:=e Law Judge from the State of Minnesota Office of Administrative Hearings : Name: Jane McPeak Office of Administrative Hearings 100 Washington Square, Suit� 1700 Minneapolis, NIIJ. 55401 Telephone: 341-7600 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310 . 05 and 310 . 06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is r �� also conveyed by Minnesota Statutes section 340A.415 . Adverse action may include revocation, suspension, fines and other penalties or conditions . Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows : On Thursday, May 9, 1996, you or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. This is an offense under Minn. Stat. §609 . 685 and Saint Paul Legislative Code �324 .07 . You have the right to be represented by an attorney before and during the hearing or you can represent yourse�f . You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14 . 57 to 14 . 62 and such parts of the procedures under section 310 . 05 of the Saint Paul Legislative Code as may be applicable . At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine . The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City' s attorney may cross-examine . The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties . Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council . You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400 . 7000 . � If you think a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the Notice of Hearing - Page 2 � . • . l b�" l I � � allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true . If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14 . 60, subdivision 2 . Very truly yours, � ->C��,r.�. Virgi�. Palmer Assistant City Attorney cc : ; c/o Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Tim Dornfeld, Community Organizer, Dist . 2 Community Council, 2169 Stillwater Ave. , St . Paul, MN 55119 Notice of Hearing - Page 3 ��. � � �3 STATE OF MINNESOTA DISTRICT COURT COLJNTY OF RAMSEY SECOND JUDICIAL DISTRICT ------------------------------------------------------------------------------------------------- AFFIDAVIT OF JANE A. MCPEAK -------------------------------------------------------------------------------------------------- State of Minnesota ) ) ss. County of Ramsey ) Jane A. McPeak, being first duly sworn, deposes and states: That in compliance with Minn. Stat. Section 14.50 and Minnesota Code of Agency Rules Section 1400.8100, I have prepared a Report In the Matter of All Licenses Held by Khadrah Wazwaz d/b/a 7th Street Market for the Premises Located at 1658 Seventh Street East, Saint Paul and have served by first class mail upon all parties a copy of said Report. � � /�. �a�2,�,/��.,1� �. McPeak Subscribed and sworn to before me � � this��day of August, 1996. ° ■ JOLENE CHLEBECK �� NOTIIRY PUBUC-MINNESOTA ' Mqr Cos�b�Expka Ju.�1,i000 otary Public ' a � � �, - 1 ��3 91-2111-10642-3 STATE OF MINNESOTA - OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In the Matter of All Licenses FINDINGS OF FACT, Held by Khadrah Wazwaz CONCLUSIONS AND d/b/a 7th Street Market for the RECONIlVIENDATION Premises Located at 1658 Seventh Street East, Saint Paul The above-entitled matter came on for hearing before Administrative Law Judge Jane A. McPeak on Au�ust b, 1996 in Room 41 Saint Paul City Ha11, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102. Virginia Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, Saint Paul, Minnesota 55102, appeared on behalf of the City of Saint Paul (the City). Khadrah Wazwaz(Licensee), 6318 Unity Avenue, Brooklyn Center, Minnesota 55429, was present appearing�ro se. The record closed on August 6, 1996 after recital of a stipulation reached by the City and the Licensee. This Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record which may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05 (c-1), after receipt of this Report, the City Council sha11 provide an opportunity to present oral or written argument alleging error in this Report and to present argument related to any recommended adverse action. The parties should contact Nancy Anderson, Council Secretary, Room 310, Saint Paul City Ha11, to ascertain the procedure for filing such argument or appearing before the council. STATEMENT OF ISSUE The issue in this case is whether on May 9, 1996 the licensee or another employee sold cigarettes to a minor under the age of 18 years in the licensed premises. Based upon the stipulation of the parties, the Administrative Law Judge makes the following FINDINGS OF FACT 1. Khadrah Wazwaz is the licensee for the 7th Street Market located at 1658 Seventh Street East, Saint Paul, Minnesota. 1 v � �_ � ��.� 2. On May 9, 1996 the Saint Paul Office of Licenses, Inspections, and Environmental Protection(LIEP) was conducting a tobacco compliance check and visited the licensed premises at 1658 Seventh Street East. 3. The Licensee was not in the licensed premises on May 9, 1996 and had left her daughter Vicki Wazwaz in charge. 4. Vicki Wazwaz left the licensed premises briefly. 5. During Vicki Wazwaz absence from the licensed premises she left a 15 year old in charge. 6. During the time the 15 year old was in charge a representative, under the age of 18 years, from LIEP enter�d the li�eresed �rem.ises and askerl to purchase a pack o�cig�u-ettes. 7. The 15 year old asked for identification and the underage male responded that he was from Iowa and did not have any with him. 8. The 15 year old became flustered and sold the underage male the cigarettes. 9. On July 5, 1996 a Notice of Hearing was mailed to the Licensee advising her that the City Council might take adverse action against her license for the illegal sale of , cigarettes to a minor under the age of 18 years that occurred in her store on May 9, 1996. 10. No adverse action has previously been taken against the Licensee. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat Sections 14.55 and 340A.415 and the Saint Paul Legislative Code Sections 310.05 and 310.06. 2. The Notice of Hearing issued by the City was proper and all applicable substantive and procedural requirements have been fulfilled. 3. Saint Paul Legislative Code Section 310.06 allows adverse action to be taken against a licensee for, among other grounds, violation of any of the provisions of the Saint Paul Legislative Code or of any statute, ordinance or regulation reasonably related to the licensed activity. 4. Minn. Stat. Section 609.685 and Saint Paul Legislative Code Section 324.07 prohibit the sale of cigarettes to a minor under the age of 18 years. 2 �.�� 5. The City and the Licensee have stipulated that on May 9, 1996 a minor under the age of 18 years was sold cigarettes in the Licensee's store in violation of Minn. Stat. Section 609.685 and Saint Paul Legislative Code Section 324.07. 6. Although the Licensee neither committed the violation nor was on the licensed premises at the time that the violation occurred, she stipulates that she is legally responsible for the actions of the 15 year old who sold the cigarettes. 7. The presumptive penalty for the sale of cigarettes to a minor under the age of 18 years under Saint Paul Legislative Code Section 324.07 is a $200.00 fine. 8. There appears to be no reason to depart from the presumptive penalties. Based upon the foregoing Cor.clusions, th� Administrative Lav�Judge makes the following: RECOIVIlVIENDATION IT IS RESPECTFULLY RECO��IlVIENDED that the Saint Paul City Council take adverse action against the license held by Khadrah Wazwaz d/b/a 7th Street Market and that it impose the presumptive penalty of a $200.00 fine. Dated this �3�day of August 1996. . If� A. MCPEAK Administrative Law Judge NOTICE Pursuant to Minn. Stat. Section 14.62, subd. 1, the City Council is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. Reported: Tape recorded. 3