01-870ORIG{NAL
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # O 1- � �1b
Green Sheet #� dy Z n_1
�1
Committee: Date
2
3 RESOLVED, that the licensee, El-Araby Mohamed d/b/a Great America Foods (License
4 ID No. 20000003602), located at 361 Earl Street an Saint Paui is hereby ordered to pay a fine of
5 $200.00 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.
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 Tobacco Compliance Check
13 Purchase Form, the Ju1y 18, 2001 letter from the licensee, and such arguments as may have been
14 presented to the Council at the public hearing. The facts were not contested by the licensee.
Requested by Department of:
Adoption Certified by Council Secretary
Hy: � � �
Approved by Mayor:� Date �T 7" l�6�/�
By
' I.
BY: l�✓K.� 7't �-
Form Approve by City .tor ey
BY: �UC � ���
Approved by ayor for Submission to
Council
By:
Adopted by Council: Date ���p�
pEPAR7'MENT/OFFICE/COUNCII.= DATE INITIATED GREEN SHEET Nor 104273 O`� ���
LIEP July 24, 2001 �
, CONTACT PERSON & PHONE: �-+� IN17InI✓DwiE INI't'7ALVw7'E
, Virginia Palmer (266-8710) �./ _n� Dm crrr cour�cu,
'" MUST BE ON COUNCII, AGENDA BY (DATE) '� '� — C � A��EY _ C11Y CLERK
. I3UMBER �+�CIAL SERV AIlL FINANC44L SERV/ACCTG
1�llg22 ,2001(publichearing) F0R _MAYOR(ORASST.) _CNII,SERVICECOMMLSSION
ROUTING
ORDER
�� TOTAL # OF SIGNATIJRE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE)
, acr[ox xEQu�s�n: Adverse action a�inst the Cigarette/Tobacco license held by El-Araby Mohamed d/b(a
Great America Foods, located at 361 Earl Street
,� RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MOST ANSWER TfIE FOLLOWING
QUESTiONS:
� PLANNING COMMLSSION 1. Hu this person/firm ever worked under a contract for this deparhnent?
CIB COMMITTEE Yes No
CNII, SERVICE COMMISSION 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any current ciTy emptoyee?
Yes No
Explain all yes answers on separate sheet and attaah to green sheet
INTTIATING YROBLEM, ISSUE, OPPORTONITY (Whq Whay When, Where, Why):
: EI-Araby Mohamed d/b/a Great America Foods failed July 2, 2001 cigarette compliance check.
AAVANTAGES IF APPROVED:
Council action necessary to impose presumptive penalty far license violation.
' DISADVANTAGESIF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
No penalty will be imposed for license violation.
. TOTAL AM01NT OF TR.9NSACTION: $ COSTIREVENUE BUDGETED:
FUNDING SOURCE: ACTNITY NUMSER:
. FINANCI.4L INFORMATION: (EXPLAIN)
„__._-�_� _..._._'._'_ _ _ . _ _ -
I \1JSERS�PANGBORN�gee�Aei - �garenc <ompl B v+pd
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J1fL 2 � 2001
OFFICE OF THE CITY ATTORNEY a ►�/► O
C&ryton M. Robinson, Jr., Ciry Attorney ''0 �
CITY OF SAINT PAUL
Norm Caleman, Mayor
July 24, 2001
CtvilDivision
400CiryHall Telephone:65I1668710
IS Wut KelTogg Bivd. Fncsimile: 651 298-5619
Saint Paul, Minnesata 55102
�g•�
NOTTCE OF COUNCIL HEARING �� ������� �� �
EI-Araby Mohamed
Great America Foods
361 Earl Street
Saint Paul, Minnesota 55106
�i'� L � � ��;��
R.E: Cigazette/Tobacco License held by El-Araby Mohamed d/b/a Great America Foods for
the premises located at 361 Earl Street in Saint Paul
License ID #:20000003602
Dear Mr. Mohamed:
Please take notice that a hearing concerning the above-named establishment has been scheduled
for 5:30 p.m., Wednesday, August 22, 2001 in the City Council Chambers, Third Floor, Saint
Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolurion and other documents which wili be presented to
the City Council for their consideration. This is an uncontested hearing, in that the facts
concerning the sale of cigarettes to an underage person have not been disputed. You wiil 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 wil] be for $200.00 fine.
If you have any questions, piease call me at 266-8710.
Very truly yours,
(/ (/rcLG�-���M�.,
m �
Virginia D. Palmer
Assistant City Attorney
cc: NancyAnderson, 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, MI�I 55106-6625
O \ -d'�O
UNCONTESTED LICENSE HEARING
Licensee Name: EI-Araby Mohamed d/b/a Great America Foods
Address: 361 Earl Street
Council Hearing Date: Wednesday, August 22, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legislative Code § 324.07
Date of Violation
Place:
Presumptive Penalty;
July 2, 2001
Licensed Premises
$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 from licensee requesting public hearing
3. Notice of Violation
4. License Information Report
5. Tobacco Compliance Check Purchase Form
6. License information
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1
' ' '" ' � , OFFICI � = THE CITY ATTORNEY
Clnymx M. ..obinsan, Jc, Ciry Attorney
O�-Y10
CITY OF SAlNT PAUL
Norm Catemnx, Mny�or
July 12, 2001
Civil Divisiox
400 City Hnl1
1 S West Kellogg Blvd.
Saint Paul, Minnuota 55102
NOTICE OF VIOLATION
El-Araby Mohamed
Great America Foods
361 Earl Street
Saint Paul, Minnesota 55106
Telepkone: 65! Z66-8710
Fa<simile: 651 298-56f 9
RE: Cigarette/Tobacco License held by El-Araby Mohamed d/b/a Great America Poods for
the premises located at 361 Earl Street in Saint Paul
License ID #:20000003602
Deaz Mr. Mohamed:
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the CigarettelTobacco license held by EI-Araby Mohamed
d(b/a C'sreat America Foods for the premises located at 361 Eul Street in Saint Paul. The basis
for the recommendation is as follows:
On July 2, 2001, a tobacco compliance check was conducted at
the premises of Great America Foods located at 361 Earl
Street ia Saint Paul. A sixteen year old male entered the store
and asked to buy cigarettes. He was asked to show
identi�cation and did show identification correctly stating his
date of birth. 1Vevertheless, the clerk sold him a package of
Copenhagen. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.85 and Saint Paul Legislative
Code §324.07.
Since this is a first violation, the licensing office will recommend a$200.00 fine.
At this time you have three options on how to proceed:
If you do not dispute the above facts and do not wish to have a pubiic hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you shotild
make payment directly to the Office of License,lnspections and Environmental
Protection, Room 300 L,owry Professional Building, 350 Saint Peter Street, Saint Paul,
Page 2
El-Araby Mohamed
3uly 12, 2001
������
Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the
fine wiil be considered to be a waiver of the hearin� to which you are entitled.
2 Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paui City Council, you will need to send me a letter with a statement
admitting the violation and requesting a public hearing. We will need to receive your
letter by Monday, July 23, 2001. The matter will then be scheduled before the City
Council for a public hearing to determine what penalty, if any, to impose. You will have
an opportunity to appear before the Council and make a statement on your own behalf.
If you 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 1ega1 assistant,
Peter Pangbom, and we will take the necessary steps to schedule the administrative
hearing. He can be reached at 266-8710.
If we have not heard from you by Monday, July 23, 2001, we will assume that you
do not contest the facts and will schedule this matter for the St. Paul City Councii 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 cierk 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
separate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-8710.
Sincerely,
� u,c-C'.� �J ��,..,��
�
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
7ohn Vaughn, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
,-�
O l -i��D
STATE OF MINNESOTA )
) ss.
COUNTY OF FtAMSEY )
AFFIDAVIT OF SERVICE SY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on July 17, 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:
E1-Araby Mohamed
Great America Foofls
361 Ear1 Street
St. Pau1, MN. 55106
(which is the last known address of said person) depositinq the
same, with postage prepaid, in the Uni ates mails at St. Paul,
Minnesota. I � /�1�:
.'�7
Subscribed and sworn to before me
this 17th of J�, 200�.
Notary Public
PETER P. PANGBORN
NOTAitY PUBUC - MINNESO7A
MY CAMMISSiON
EXPiRES JAN. 31, 2005
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OFfICE OF LICcNSE, AISPECTIONS AND
ENVII20NMENTAL PROTEL110N
Roge C:+rtis, Direcwr
Ot-��d
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CTTY OF SAINT PALTL IALYRYPROFESSIONAL SUV.DI7JG Trlephone: 651-Z6(r9090
Nornz Calanm; Mayos 350 St Peter Street, Suite 300 Faaimile.� 657-366-9724
" Saint Pav� M6uiesora 55702-I510 Web: www.ci,y4pm�Lmn_vs/(iep
Tobacco Compliance Check Purchase Form �
Case #
GREAT AMEf21GA FOODS
361 EARL ST
ST PAUL, MN 55106�111
license Type: License #
CigarettelTobacco 20000�03602
Business Type:
� Convenience � Convenience / Gas � Gas � Drng Store / Pharmacy � Tobacco / Smoke Shop
� Supermazket ! Gcocezy � Genexal Muchant � L'aquoz Stoie / Baz Restaurant � Other (privam dub, bow3ing, etc.)
Date: ❑ I�/ O r Time: �. l�J a.m. /.�m�
M M D D Y Y
Was purchase attempted? If NO, eheck reason: `
�Yes �No �Does not sell tobacco �Unsatisfactory/unsafe conditions
� Out of business � Other
� After business hours � Not applicable
Buyer � �� Age Sea AduIt � �� Did adult or offcer view transaction?
Use 3 initials 15 Female Use 3 initiaLs Yes or No
� �
17
sale made? W as age asked?
Yes or No Yes oc No
Type of purchase:
Self Service
'. Clerkassisted
�Vending maclilne - Unlocked
Location of machine
Vending machine - Locked
Location of machine
Clerk Information: � Female 4v Male
W ID reqnested? W s ID shown?
� nr No Yes or No
c
Type of product: Amount speat: $ �� • �
Cigarettes
�Smokeless ' ���
_Cigazs
_Other (cigarette papers, lighter, etc.)
Approzimate Age: �Under 18
Actual age if known
and
ver
p� _t10
Name of Clerk: f�f, � �, ,_.. :.,,. �o �� �
Date of Birth
Address:
Driver's License # or State I. D.#: � �{ �c l Cp C)�t UU �' 1��
�Licerue �roup Comments Text
licen'see: EL-ARABY MOHAMED
�B/�� GREAT AMERICA FOODS
license #: 20900603602
07/O6/200'1
at=t?o
07/Ofif200� To CAO for adverse adion. CAR
07/02/2001 Failed tobacco compliance chedc. Clerk was Mohammed EI Araby, 802 W cty Rd D#119, 55112. Frst faiiure, $200 matrix penaify. CAR
�5l17/200� Passed Tobacco Compfiance Check. SS
�2/98/2000 - Natificafion that compliance for new dgarette license wili tie cdnducted.JL
O 1- t?A
-- - -
-- --- - ---
aaaress ucensee �. Cor�tact # i�nse c�mmber
_ . __ _ ._ ... _ ..__ _ __.__ . ' _ .___
Type: C aroperty C' Licensee C urwftkiel C AB
�{lEE( $f
$pECI {�&112:
$(IEf� J`f(J2:
Direc4orc
Unh #
CrtY.
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TypEt
UM
���e � Licensee �
�' Property {` Licensee
SVer3 #. 61
Stree! NemE:� — ft — R — L —
Street TYP� � _ _ ?�
UrtR Ind �—
CdY: T PAUL _
9rde NJ
Ward !�
Dist Co�mcO: 74
! Licertsee
;DeA
� Seles Tax Id
. ... _._.__'_
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8775Ei Ggareltetrobacco __R y _0.9i➢1R000
€ -__' "" ' '_"_ �`_'_____'�"'_. _"�'
ee«c�license# 0�003602 SaveChangesto
"'� �a OBA �'iREATAMFRlG1F0005
Lic. TYpes 1 tr�surance � Bond I ReqiwemeMs �
�' Unotficial ProjectFecWtetor: ASUNGON,CORNWE
Advase Action Commerts
D'vectlon
_ _ _ _ '
Zip. ' "- SStO6
' _ "" °_ " " ' . __ _
icense Group Commerix
7A6RW1 Ta CAO fa' edve[se aclian. CAR
7AJ?f20�1 Fa7etl tabaoco camp6ence check. Clerk wes
lohammetl 0 Areby, 802 W cly Rtl D#119, 55112. Frst
�kce, 5200 mffinx peneQY. CAR
Licensee
Cormnet3s:
�
tGstory
0 � -t�o
TYPE 8 � �. " . �..s ' UCensee�-ARABYMOHAFA� ' ' " " '
� �`� - DBA TPMERK'AFOODS
SirE:
Stre: License Licensee � Lic. � Nstnance 1 Bontl � ReiNvemerRS �
Stre � ��see Name: L-PR.4BY MOHAMED � .
.......__..__...._.. _..._._._.. ..__..__...__._..
Dira�t D&4 REATAbIERICAFOODS '
IInR i Sales Tex Id ENDWO ; NorvProft (� Warka's Comp: OAONWO 3
� � AA ConVact ReCd ONOro000 's AA Treinn9 Rec'd _NOA�
� AAFeeCOtledeR O1�RID00 i DlscaurdReCd(�
e�7sa:
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-MeA Licerrse To: —
C•'� caaa ro cocrtaa
C` Licere�e P,tldress
-Mal lnvoice Ta —
f: naealocwasa
� Liceme Atltlress
BeckgrourM Check Requ'vetl �'
ORIG{NAL
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # O 1- � �1b
Green Sheet #� dy Z n_1
�1
Committee: Date
2
3 RESOLVED, that the licensee, El-Araby Mohamed d/b/a Great America Foods (License
4 ID No. 20000003602), located at 361 Earl Street an Saint Paui is hereby ordered to pay a fine of
5 $200.00 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.
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 Tobacco Compliance Check
13 Purchase Form, the Ju1y 18, 2001 letter from the licensee, and such arguments as may have been
14 presented to the Council at the public hearing. The facts were not contested by the licensee.
Requested by Department of:
Adoption Certified by Council Secretary
Hy: � � �
Approved by Mayor:� Date �T 7" l�6�/�
By
' I.
BY: l�✓K.� 7't �-
Form Approve by City .tor ey
BY: �UC � ���
Approved by ayor for Submission to
Council
By:
Adopted by Council: Date ���p�
pEPAR7'MENT/OFFICE/COUNCII.= DATE INITIATED GREEN SHEET Nor 104273 O`� ���
LIEP July 24, 2001 �
, CONTACT PERSON & PHONE: �-+� IN17InI✓DwiE INI't'7ALVw7'E
, Virginia Palmer (266-8710) �./ _n� Dm crrr cour�cu,
'" MUST BE ON COUNCII, AGENDA BY (DATE) '� '� — C � A��EY _ C11Y CLERK
. I3UMBER �+�CIAL SERV AIlL FINANC44L SERV/ACCTG
1�llg22 ,2001(publichearing) F0R _MAYOR(ORASST.) _CNII,SERVICECOMMLSSION
ROUTING
ORDER
�� TOTAL # OF SIGNATIJRE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE)
, acr[ox xEQu�s�n: Adverse action a�inst the Cigarette/Tobacco license held by El-Araby Mohamed d/b(a
Great America Foods, located at 361 Earl Street
,� RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MOST ANSWER TfIE FOLLOWING
QUESTiONS:
� PLANNING COMMLSSION 1. Hu this person/firm ever worked under a contract for this deparhnent?
CIB COMMITTEE Yes No
CNII, SERVICE COMMISSION 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any current ciTy emptoyee?
Yes No
Explain all yes answers on separate sheet and attaah to green sheet
INTTIATING YROBLEM, ISSUE, OPPORTONITY (Whq Whay When, Where, Why):
: EI-Araby Mohamed d/b/a Great America Foods failed July 2, 2001 cigarette compliance check.
AAVANTAGES IF APPROVED:
Council action necessary to impose presumptive penalty far license violation.
' DISADVANTAGESIF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
No penalty will be imposed for license violation.
. TOTAL AM01NT OF TR.9NSACTION: $ COSTIREVENUE BUDGETED:
FUNDING SOURCE: ACTNITY NUMSER:
. FINANCI.4L INFORMATION: (EXPLAIN)
„__._-�_� _..._._'._'_ _ _ . _ _ -
I \1JSERS�PANGBORN�gee�Aei - �garenc <ompl B v+pd
�E,'39r`1PC�1 �'i?'•�fiP�
J1fL 2 � 2001
OFFICE OF THE CITY ATTORNEY a ►�/► O
C&ryton M. Robinson, Jr., Ciry Attorney ''0 �
CITY OF SAINT PAUL
Norm Caleman, Mayor
July 24, 2001
CtvilDivision
400CiryHall Telephone:65I1668710
IS Wut KelTogg Bivd. Fncsimile: 651 298-5619
Saint Paul, Minnesata 55102
�g•�
NOTTCE OF COUNCIL HEARING �� ������� �� �
EI-Araby Mohamed
Great America Foods
361 Earl Street
Saint Paul, Minnesota 55106
�i'� L � � ��;��
R.E: Cigazette/Tobacco License held by El-Araby Mohamed d/b/a Great America Foods for
the premises located at 361 Earl Street in Saint Paul
License ID #:20000003602
Dear Mr. Mohamed:
Please take notice that a hearing concerning the above-named establishment has been scheduled
for 5:30 p.m., Wednesday, August 22, 2001 in the City Council Chambers, Third Floor, Saint
Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolurion and other documents which wili be presented to
the City Council for their consideration. This is an uncontested hearing, in that the facts
concerning the sale of cigarettes to an underage person have not been disputed. You wiil 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 wil] be for $200.00 fine.
If you have any questions, piease call me at 266-8710.
Very truly yours,
(/ (/rcLG�-���M�.,
m �
Virginia D. Palmer
Assistant City Attorney
cc: NancyAnderson, 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, MI�I 55106-6625
O \ -d'�O
UNCONTESTED LICENSE HEARING
Licensee Name: EI-Araby Mohamed d/b/a Great America Foods
Address: 361 Earl Street
Council Hearing Date: Wednesday, August 22, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legislative Code § 324.07
Date of Violation
Place:
Presumptive Penalty;
July 2, 2001
Licensed Premises
$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 from licensee requesting public hearing
3. Notice of Violation
4. License Information Report
5. Tobacco Compliance Check Purchase Form
6. License information
.._ _. � ,
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' ' '" ' � , OFFICI � = THE CITY ATTORNEY
Clnymx M. ..obinsan, Jc, Ciry Attorney
O�-Y10
CITY OF SAlNT PAUL
Norm Catemnx, Mny�or
July 12, 2001
Civil Divisiox
400 City Hnl1
1 S West Kellogg Blvd.
Saint Paul, Minnuota 55102
NOTICE OF VIOLATION
El-Araby Mohamed
Great America Foods
361 Earl Street
Saint Paul, Minnesota 55106
Telepkone: 65! Z66-8710
Fa<simile: 651 298-56f 9
RE: Cigarette/Tobacco License held by El-Araby Mohamed d/b/a Great America Poods for
the premises located at 361 Earl Street in Saint Paul
License ID #:20000003602
Deaz Mr. Mohamed:
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the CigarettelTobacco license held by EI-Araby Mohamed
d(b/a C'sreat America Foods for the premises located at 361 Eul Street in Saint Paul. The basis
for the recommendation is as follows:
On July 2, 2001, a tobacco compliance check was conducted at
the premises of Great America Foods located at 361 Earl
Street ia Saint Paul. A sixteen year old male entered the store
and asked to buy cigarettes. He was asked to show
identi�cation and did show identification correctly stating his
date of birth. 1Vevertheless, the clerk sold him a package of
Copenhagen. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.85 and Saint Paul Legislative
Code §324.07.
Since this is a first violation, the licensing office will recommend a$200.00 fine.
At this time you have three options on how to proceed:
If you do not dispute the above facts and do not wish to have a pubiic hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you shotild
make payment directly to the Office of License,lnspections and Environmental
Protection, Room 300 L,owry Professional Building, 350 Saint Peter Street, Saint Paul,
Page 2
El-Araby Mohamed
3uly 12, 2001
������
Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the
fine wiil be considered to be a waiver of the hearin� to which you are entitled.
2 Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paui City Council, you will need to send me a letter with a statement
admitting the violation and requesting a public hearing. We will need to receive your
letter by Monday, July 23, 2001. The matter will then be scheduled before the City
Council for a public hearing to determine what penalty, if any, to impose. You will have
an opportunity to appear before the Council and make a statement on your own behalf.
If you 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 1ega1 assistant,
Peter Pangbom, and we will take the necessary steps to schedule the administrative
hearing. He can be reached at 266-8710.
If we have not heard from you by Monday, July 23, 2001, we will assume that you
do not contest the facts and will schedule this matter for the St. Paul City Councii 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 cierk 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
separate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-8710.
Sincerely,
� u,c-C'.� �J ��,..,��
�
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
7ohn Vaughn, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
,-�
O l -i��D
STATE OF MINNESOTA )
) ss.
COUNTY OF FtAMSEY )
AFFIDAVIT OF SERVICE SY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on July 17, 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:
E1-Araby Mohamed
Great America Foofls
361 Ear1 Street
St. Pau1, MN. 55106
(which is the last known address of said person) depositinq the
same, with postage prepaid, in the Uni ates mails at St. Paul,
Minnesota. I � /�1�:
.'�7
Subscribed and sworn to before me
this 17th of J�, 200�.
Notary Public
PETER P. PANGBORN
NOTAitY PUBUC - MINNESO7A
MY CAMMISSiON
EXPiRES JAN. 31, 2005
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OFfICE OF LICcNSE, AISPECTIONS AND
ENVII20NMENTAL PROTEL110N
Roge C:+rtis, Direcwr
Ot-��d
�
CTTY OF SAINT PALTL IALYRYPROFESSIONAL SUV.DI7JG Trlephone: 651-Z6(r9090
Nornz Calanm; Mayos 350 St Peter Street, Suite 300 Faaimile.� 657-366-9724
" Saint Pav� M6uiesora 55702-I510 Web: www.ci,y4pm�Lmn_vs/(iep
Tobacco Compliance Check Purchase Form �
Case #
GREAT AMEf21GA FOODS
361 EARL ST
ST PAUL, MN 55106�111
license Type: License #
CigarettelTobacco 20000�03602
Business Type:
� Convenience � Convenience / Gas � Gas � Drng Store / Pharmacy � Tobacco / Smoke Shop
� Supermazket ! Gcocezy � Genexal Muchant � L'aquoz Stoie / Baz Restaurant � Other (privam dub, bow3ing, etc.)
Date: ❑ I�/ O r Time: �. l�J a.m. /.�m�
M M D D Y Y
Was purchase attempted? If NO, eheck reason: `
�Yes �No �Does not sell tobacco �Unsatisfactory/unsafe conditions
� Out of business � Other
� After business hours � Not applicable
Buyer � �� Age Sea AduIt � �� Did adult or offcer view transaction?
Use 3 initials 15 Female Use 3 initiaLs Yes or No
� �
17
sale made? W as age asked?
Yes or No Yes oc No
Type of purchase:
Self Service
'. Clerkassisted
�Vending maclilne - Unlocked
Location of machine
Vending machine - Locked
Location of machine
Clerk Information: � Female 4v Male
W ID reqnested? W s ID shown?
� nr No Yes or No
c
Type of product: Amount speat: $ �� • �
Cigarettes
�Smokeless ' ���
_Cigazs
_Other (cigarette papers, lighter, etc.)
Approzimate Age: �Under 18
Actual age if known
and
ver
p� _t10
Name of Clerk: f�f, � �, ,_.. :.,,. �o �� �
Date of Birth
Address:
Driver's License # or State I. D.#: � �{ �c l Cp C)�t UU �' 1��
�Licerue �roup Comments Text
licen'see: EL-ARABY MOHAMED
�B/�� GREAT AMERICA FOODS
license #: 20900603602
07/O6/200'1
at=t?o
07/Ofif200� To CAO for adverse adion. CAR
07/02/2001 Failed tobacco compliance chedc. Clerk was Mohammed EI Araby, 802 W cty Rd D#119, 55112. Frst faiiure, $200 matrix penaify. CAR
�5l17/200� Passed Tobacco Compfiance Check. SS
�2/98/2000 - Natificafion that compliance for new dgarette license wili tie cdnducted.JL
O 1- t?A
-- - -
-- --- - ---
aaaress ucensee �. Cor�tact # i�nse c�mmber
_ . __ _ ._ ... _ ..__ _ __.__ . ' _ .___
Type: C aroperty C' Licensee C urwftkiel C AB
�{lEE( $f
$pECI {�&112:
$(IEf� J`f(J2:
Direc4orc
Unh #
CrtY.
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._.rv�s".-y�`n: ...
an .
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o � - ��o
TypEt
UM
���e � Licensee �
�' Property {` Licensee
SVer3 #. 61
Stree! NemE:� — ft — R — L —
Street TYP� � _ _ ?�
UrtR Ind �—
CdY: T PAUL _
9rde NJ
Ward !�
Dist Co�mcO: 74
! Licertsee
;DeA
� Seles Tax Id
. ... _._.__'_
' ' ' ' " ' _ �__' "___
8775Ei Ggareltetrobacco __R y _0.9i➢1R000
€ -__' "" ' '_"_ �`_'_____'�"'_. _"�'
ee«c�license# 0�003602 SaveChangesto
"'� �a OBA �'iREATAMFRlG1F0005
Lic. TYpes 1 tr�surance � Bond I ReqiwemeMs �
�' Unotficial ProjectFecWtetor: ASUNGON,CORNWE
Advase Action Commerts
D'vectlon
_ _ _ _ '
Zip. ' "- SStO6
' _ "" °_ " " ' . __ _
icense Group Commerix
7A6RW1 Ta CAO fa' edve[se aclian. CAR
7AJ?f20�1 Fa7etl tabaoco camp6ence check. Clerk wes
lohammetl 0 Areby, 802 W cly Rtl D#119, 55112. Frst
�kce, 5200 mffinx peneQY. CAR
Licensee
Cormnet3s:
�
tGstory
0 � -t�o
TYPE 8 � �. " . �..s ' UCensee�-ARABYMOHAFA� ' ' " " '
� �`� - DBA TPMERK'AFOODS
SirE:
Stre: License Licensee � Lic. � Nstnance 1 Bontl � ReiNvemerRS �
Stre � ��see Name: L-PR.4BY MOHAMED � .
.......__..__...._.. _..._._._.. ..__..__...__._..
Dira�t D&4 REATAbIERICAFOODS '
IInR i Sales Tex Id ENDWO ; NorvProft (� Warka's Comp: OAONWO 3
� � AA ConVact ReCd ONOro000 's AA Treinn9 Rec'd _NOA�
� AAFeeCOtledeR O1�RID00 i DlscaurdReCd(�
e�7sa:
Y "'_'
tl _.. _
-MeA Licerrse To: —
C•'� caaa ro cocrtaa
C` Licere�e P,tldress
-Mal lnvoice Ta —
f: naealocwasa
� Liceme Atltlress
BeckgrourM Check Requ'vetl �'
ORIG{NAL
Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # O 1- � �1b
Green Sheet #� dy Z n_1
�1
Committee: Date
2
3 RESOLVED, that the licensee, El-Araby Mohamed d/b/a Great America Foods (License
4 ID No. 20000003602), located at 361 Earl Street an Saint Paui is hereby ordered to pay a fine of
5 $200.00 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.
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 Tobacco Compliance Check
13 Purchase Form, the Ju1y 18, 2001 letter from the licensee, and such arguments as may have been
14 presented to the Council at the public hearing. The facts were not contested by the licensee.
Requested by Department of:
Adoption Certified by Council Secretary
Hy: � � �
Approved by Mayor:� Date �T 7" l�6�/�
By
' I.
BY: l�✓K.� 7't �-
Form Approve by City .tor ey
BY: �UC � ���
Approved by ayor for Submission to
Council
By:
Adopted by Council: Date ���p�
pEPAR7'MENT/OFFICE/COUNCII.= DATE INITIATED GREEN SHEET Nor 104273 O`� ���
LIEP July 24, 2001 �
, CONTACT PERSON & PHONE: �-+� IN17InI✓DwiE INI't'7ALVw7'E
, Virginia Palmer (266-8710) �./ _n� Dm crrr cour�cu,
'" MUST BE ON COUNCII, AGENDA BY (DATE) '� '� — C � A��EY _ C11Y CLERK
. I3UMBER �+�CIAL SERV AIlL FINANC44L SERV/ACCTG
1�llg22 ,2001(publichearing) F0R _MAYOR(ORASST.) _CNII,SERVICECOMMLSSION
ROUTING
ORDER
�� TOTAL # OF SIGNATIJRE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE)
, acr[ox xEQu�s�n: Adverse action a�inst the Cigarette/Tobacco license held by El-Araby Mohamed d/b(a
Great America Foods, located at 361 Earl Street
,� RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACTS MOST ANSWER TfIE FOLLOWING
QUESTiONS:
� PLANNING COMMLSSION 1. Hu this person/firm ever worked under a contract for this deparhnent?
CIB COMMITTEE Yes No
CNII, SERVICE COMMISSION 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any current ciTy emptoyee?
Yes No
Explain all yes answers on separate sheet and attaah to green sheet
INTTIATING YROBLEM, ISSUE, OPPORTONITY (Whq Whay When, Where, Why):
: EI-Araby Mohamed d/b/a Great America Foods failed July 2, 2001 cigarette compliance check.
AAVANTAGES IF APPROVED:
Council action necessary to impose presumptive penalty far license violation.
' DISADVANTAGESIF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
No penalty will be imposed for license violation.
. TOTAL AM01NT OF TR.9NSACTION: $ COSTIREVENUE BUDGETED:
FUNDING SOURCE: ACTNITY NUMSER:
. FINANCI.4L INFORMATION: (EXPLAIN)
„__._-�_� _..._._'._'_ _ _ . _ _ -
I \1JSERS�PANGBORN�gee�Aei - �garenc <ompl B v+pd
�E,'39r`1PC�1 �'i?'•�fiP�
J1fL 2 � 2001
OFFICE OF THE CITY ATTORNEY a ►�/► O
C&ryton M. Robinson, Jr., Ciry Attorney ''0 �
CITY OF SAINT PAUL
Norm Caleman, Mayor
July 24, 2001
CtvilDivision
400CiryHall Telephone:65I1668710
IS Wut KelTogg Bivd. Fncsimile: 651 298-5619
Saint Paul, Minnesata 55102
�g•�
NOTTCE OF COUNCIL HEARING �� ������� �� �
EI-Araby Mohamed
Great America Foods
361 Earl Street
Saint Paul, Minnesota 55106
�i'� L � � ��;��
R.E: Cigazette/Tobacco License held by El-Araby Mohamed d/b/a Great America Foods for
the premises located at 361 Earl Street in Saint Paul
License ID #:20000003602
Dear Mr. Mohamed:
Please take notice that a hearing concerning the above-named establishment has been scheduled
for 5:30 p.m., Wednesday, August 22, 2001 in the City Council Chambers, Third Floor, Saint
Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolurion and other documents which wili be presented to
the City Council for their consideration. This is an uncontested hearing, in that the facts
concerning the sale of cigarettes to an underage person have not been disputed. You wiil 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 wil] be for $200.00 fine.
If you have any questions, piease call me at 266-8710.
Very truly yours,
(/ (/rcLG�-���M�.,
m �
Virginia D. Palmer
Assistant City Attorney
cc: NancyAnderson, 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, MI�I 55106-6625
O \ -d'�O
UNCONTESTED LICENSE HEARING
Licensee Name: EI-Araby Mohamed d/b/a Great America Foods
Address: 361 Earl Street
Council Hearing Date: Wednesday, August 22, 2001
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legislative Code § 324.07
Date of Violation
Place:
Presumptive Penalty;
July 2, 2001
Licensed Premises
$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 from licensee requesting public hearing
3. Notice of Violation
4. License Information Report
5. Tobacco Compliance Check Purchase Form
6. License information
.._ _. � ,
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♦
1
' ' '" ' � , OFFICI � = THE CITY ATTORNEY
Clnymx M. ..obinsan, Jc, Ciry Attorney
O�-Y10
CITY OF SAlNT PAUL
Norm Catemnx, Mny�or
July 12, 2001
Civil Divisiox
400 City Hnl1
1 S West Kellogg Blvd.
Saint Paul, Minnuota 55102
NOTICE OF VIOLATION
El-Araby Mohamed
Great America Foods
361 Earl Street
Saint Paul, Minnesota 55106
Telepkone: 65! Z66-8710
Fa<simile: 651 298-56f 9
RE: Cigarette/Tobacco License held by El-Araby Mohamed d/b/a Great America Poods for
the premises located at 361 Earl Street in Saint Paul
License ID #:20000003602
Deaz Mr. Mohamed:
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the CigarettelTobacco license held by EI-Araby Mohamed
d(b/a C'sreat America Foods for the premises located at 361 Eul Street in Saint Paul. The basis
for the recommendation is as follows:
On July 2, 2001, a tobacco compliance check was conducted at
the premises of Great America Foods located at 361 Earl
Street ia Saint Paul. A sixteen year old male entered the store
and asked to buy cigarettes. He was asked to show
identi�cation and did show identification correctly stating his
date of birth. 1Vevertheless, the clerk sold him a package of
Copenhagen. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.85 and Saint Paul Legislative
Code §324.07.
Since this is a first violation, the licensing office will recommend a$200.00 fine.
At this time you have three options on how to proceed:
If you do not dispute the above facts and do not wish to have a pubiic hearing, you will
need to pay the recommended fine for this violation. If this is your choice, you shotild
make payment directly to the Office of License,lnspections and Environmental
Protection, Room 300 L,owry Professional Building, 350 Saint Peter Street, Saint Paul,
Page 2
El-Araby Mohamed
3uly 12, 2001
������
Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the
fine wiil be considered to be a waiver of the hearin� to which you are entitled.
2 Alternatively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paui City Council, you will need to send me a letter with a statement
admitting the violation and requesting a public hearing. We will need to receive your
letter by Monday, July 23, 2001. The matter will then be scheduled before the City
Council for a public hearing to determine what penalty, if any, to impose. You will have
an opportunity to appear before the Council and make a statement on your own behalf.
If you 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 1ega1 assistant,
Peter Pangbom, and we will take the necessary steps to schedule the administrative
hearing. He can be reached at 266-8710.
If we have not heard from you by Monday, July 23, 2001, we will assume that you
do not contest the facts and will schedule this matter for the St. Paul City Councii 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 cierk 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
separate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-8710.
Sincerely,
� u,c-C'.� �J ��,..,��
�
Virginia D. Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
7ohn Vaughn, Community Organizer, Dayton's Bluff Dirstrict 4 Community Council,
798 E. 7th St., St. Paul, MN 55106-6625
,-�
O l -i��D
STATE OF MINNESOTA )
) ss.
COUNTY OF FtAMSEY )
AFFIDAVIT OF SERVICE SY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on July 17, 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:
E1-Araby Mohamed
Great America Foofls
361 Ear1 Street
St. Pau1, MN. 55106
(which is the last known address of said person) depositinq the
same, with postage prepaid, in the Uni ates mails at St. Paul,
Minnesota. I � /�1�:
.'�7
Subscribed and sworn to before me
this 17th of J�, 200�.
Notary Public
PETER P. PANGBORN
NOTAitY PUBUC - MINNESO7A
MY CAMMISSiON
EXPiRES JAN. 31, 2005
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OFfICE OF LICcNSE, AISPECTIONS AND
ENVII20NMENTAL PROTEL110N
Roge C:+rtis, Direcwr
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CTTY OF SAINT PALTL IALYRYPROFESSIONAL SUV.DI7JG Trlephone: 651-Z6(r9090
Nornz Calanm; Mayos 350 St Peter Street, Suite 300 Faaimile.� 657-366-9724
" Saint Pav� M6uiesora 55702-I510 Web: www.ci,y4pm�Lmn_vs/(iep
Tobacco Compliance Check Purchase Form �
Case #
GREAT AMEf21GA FOODS
361 EARL ST
ST PAUL, MN 55106�111
license Type: License #
CigarettelTobacco 20000�03602
Business Type:
� Convenience � Convenience / Gas � Gas � Drng Store / Pharmacy � Tobacco / Smoke Shop
� Supermazket ! Gcocezy � Genexal Muchant � L'aquoz Stoie / Baz Restaurant � Other (privam dub, bow3ing, etc.)
Date: ❑ I�/ O r Time: �. l�J a.m. /.�m�
M M D D Y Y
Was purchase attempted? If NO, eheck reason: `
�Yes �No �Does not sell tobacco �Unsatisfactory/unsafe conditions
� Out of business � Other
� After business hours � Not applicable
Buyer � �� Age Sea AduIt � �� Did adult or offcer view transaction?
Use 3 initials 15 Female Use 3 initiaLs Yes or No
� �
17
sale made? W as age asked?
Yes or No Yes oc No
Type of purchase:
Self Service
'. Clerkassisted
�Vending maclilne - Unlocked
Location of machine
Vending machine - Locked
Location of machine
Clerk Information: � Female 4v Male
W ID reqnested? W s ID shown?
� nr No Yes or No
c
Type of product: Amount speat: $ �� • �
Cigarettes
�Smokeless ' ���
_Cigazs
_Other (cigarette papers, lighter, etc.)
Approzimate Age: �Under 18
Actual age if known
and
ver
p� _t10
Name of Clerk: f�f, � �, ,_.. :.,,. �o �� �
Date of Birth
Address:
Driver's License # or State I. D.#: � �{ �c l Cp C)�t UU �' 1��
�Licerue �roup Comments Text
licen'see: EL-ARABY MOHAMED
�B/�� GREAT AMERICA FOODS
license #: 20900603602
07/O6/200'1
at=t?o
07/Ofif200� To CAO for adverse adion. CAR
07/02/2001 Failed tobacco compliance chedc. Clerk was Mohammed EI Araby, 802 W cty Rd D#119, 55112. Frst faiiure, $200 matrix penaify. CAR
�5l17/200� Passed Tobacco Compfiance Check. SS
�2/98/2000 - Natificafion that compliance for new dgarette license wili tie cdnducted.JL
O 1- t?A
-- - -
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SVer3 #. 61
Stree! NemE:� — ft — R — L —
Street TYP� � _ _ ?�
UrtR Ind �—
CdY: T PAUL _
9rde NJ
Ward !�
Dist Co�mcO: 74
! Licertsee
;DeA
� Seles Tax Id
. ... _._.__'_
' ' ' ' " ' _ �__' "___
8775Ei Ggareltetrobacco __R y _0.9i➢1R000
€ -__' "" ' '_"_ �`_'_____'�"'_. _"�'
ee«c�license# 0�003602 SaveChangesto
"'� �a OBA �'iREATAMFRlG1F0005
Lic. TYpes 1 tr�surance � Bond I ReqiwemeMs �
�' Unotficial ProjectFecWtetor: ASUNGON,CORNWE
Advase Action Commerts
D'vectlon
_ _ _ _ '
Zip. ' "- SStO6
' _ "" °_ " " ' . __ _
icense Group Commerix
7A6RW1 Ta CAO fa' edve[se aclian. CAR
7AJ?f20�1 Fa7etl tabaoco camp6ence check. Clerk wes
lohammetl 0 Areby, 802 W cly Rtl D#119, 55112. Frst
�kce, 5200 mffinx peneQY. CAR
Licensee
Cormnet3s:
�
tGstory
0 � -t�o
TYPE 8 � �. " . �..s ' UCensee�-ARABYMOHAFA� ' ' " " '
� �`� - DBA TPMERK'AFOODS
SirE:
Stre: License Licensee � Lic. � Nstnance 1 Bontl � ReiNvemerRS �
Stre � ��see Name: L-PR.4BY MOHAMED � .
.......__..__...._.. _..._._._.. ..__..__...__._..
Dira�t D&4 REATAbIERICAFOODS '
IInR i Sales Tex Id ENDWO ; NorvProft (� Warka's Comp: OAONWO 3
� � AA ConVact ReCd ONOro000 's AA Treinn9 Rec'd _NOA�
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C` Licere�e P,tldress
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BeckgrourM Check Requ'vetl �'