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01-871ORIGINAL Presented By Referred To Council File # � � � �1 � n, PP., c�,oP, �� C� l� Committee: Date 2 3 RESOLVED, that the licensee, Eazl Schoenheider d/b/a Savoy Inn (License ID No. 4 15829), located at 421 East 7` Street in Saint Paul is hereby ordered to pay a fine of $200.00 for 5 the violation of the sale of tobacco or tobacco products to a minor. 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 Tobacco Compliance Check 13 Purchase Form, the July 17, 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: gy ��iUJ � � Form Appro d by Cit�orney By: Z �. Approved by Mayor for Submission to ie '_ . �r�� - - �� • •. . _ • �_ _ t , �j' �� ii . �. � 1"%/�/ ' ' ��/%%/%/ Adopted by Council: Date pp� Adoption Certified by Council Secretary DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 104272 O �•• r1� LIEP 3uly 24, 2001 CONTACT PERSON & PHONE: 71VR7Ai✓DATE INTIIALDnTE Virginia Palmer (266-8710) � DEP,+t� nm crrv courrcn. MUST BE ON COUNCII. AGENDA BY (DATE) �IGN —�'1 ATTORNEY _ CITY CLERK NUMBER ��CLSL SERV DIIL FINANCIAL SERVfACCTG Aug 22, 2001(public hearing) p� MAYOR(ORASST_) _CNILSERVICECOMMISSION ROl)TING ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acrtox �QaESx�n: Adverse action against the Cigarette/Tobacco license held by Earl5choenheider d/b/a Savoy Inn located at 421 East 7`� Street ° RECOMMENDAIIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TfiE FOLLOWING QUESTIONS: PLeWNING COMMISSION 1. Has this person/firm ever worked under a cont2c[ for this department? CIB COMMITTEE Yes No CNII. SERVICE COMMISSION 2. Has this person/firtn ever been a ciry emptoyee? Yes No 3. Aces this person�firtn possess a skill not nomtalty pos5essed by any curtent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTJATING PROBLEM, ISSUE, OPPORTUNTTY (Whq What, Wheq Where, Why): Earl Schoenheider d/bla Sauoy Inn failed July 2, 2001 cigarette compliance check. ADVANTAGESIFAPPROVED: Council action necessary to impose presumptive penalty for license violation. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for license violation. TOTAL AMOUNT OF 1RANSACTION: $ COST/REVENUE BUDGETEA: FIJNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAI� [HJSERS�PANGBORN�gernsAat-agarnte<o�ryriBwpd " — - ° " " —"_ _�' / Y. �u� � � zao� ► ..� ., CITY OF SAINT PAUL Norm Co[eman, Mayor July 24, 2001 OFFICE OF THE CITY ATTORNEY Ot � � C1ayTOn M. Robinson, Jr., City Attorney Civit Division 400CiryHa11 Telephone:6512658710 IS Wect Kellogg Blvd. Facsimile: 6S7 298-5619 Saint Paul, Minnesoto 55102 � g�agarch �er.irx NOTICE OF COL3NCIL HEARING �� + �3 �� Eazl Schoenheider Savoy Inn 421 East 7` Street Saint Paul, Minnesota 55101 RE: Cigazette/Tobacco License held by Earl Schoenheider d/b/a Savoy Inn for the premises located at 421 E. 7` Street in Saint Paul License ID #: 15829 Dear Mr. Schoenheider: 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 Hail and Ramsey County Cour[house. 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 hearing, an that the facts concerning the sale of cigarettes to an underage person have not been disputed. You will have an opportunity at the Council hearing to present oral andior written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for $200.00 fine. If you have any questions, please call me at 266-8710. V ery truly yours, � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary 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� -r�� UNCONTESTED LlCENSE HEARING Licensee Name; Earl Schoenheider d/b!a Savoy Inn Address: 421 East 7 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 Comptiance Check Purchase Form 6. License information � E & V SCHOENHEIDER, INC. DBA Red's Savoy Pizza ° `' t �� 450 Gien Road S� Paul, MN 55119 July 17, 2001 Dear Virginia D. Palmer, This Letter is to inform you of our wish to have a public hearing before the council. While we are not disputing the facts we feel there are extenuating circumstances that need to be addressed. Our clerk checked the identificaton of the person buying cigarettes as she always does. She misread the date on the I.D. due to blurry vision caused by doctor prescribed medication. This particular clerk is meticulous at following the law for under aged alcohol and tobacco sales. We will be waiting for you to contact us on the hearing date. Sincerely, , � ° v' � Earl Schoenheider President E & V Schoenheider, Inc. Locadons: 421-23 East 7th Street • St. Paul, Minnesota 55101 Take-out & Delivery • 1993 Burns Avenue • St. Paul, Minnesota 55119 CITY OF SAINT PAUL Nornr Colemnn, Mn}�or JllIY I2� 2��1 OFFICE THE CITY ATTORNEY Clnyton M. rtobinson, Jr., City Attorney a�-r�t Civil Divis�ort 40QCityHall Telephone:651266-8710 15 Wes1 Ke1lopq Blyd. Facsimile: 651293-56l9 Saim Paul, hfinnuoln 55/0? NOTICE OF VIOLATION Earl Schoenheider Savoy Inn 421 East 7` Street Saint Paul, Minnesota 55101 M3� Cigarette/Tobacco License held by Earl Schoenheider d/b/a Savoy Inn for the premises located at 421 E. 7"' Street in Saint Paul License ID #: 15829 Dear Mr. Schoenheider: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the CigarettelTobacco license held by Earl Schoenheider dJbJa Savoy Inn £or the premises located at 421 E. 7"' Street in Saint Paul. The basis for the recommendation is as follows: On July 2, Z001, a tobacco compliance check �vas conducted at the premises of the Savoy Inn located at 42l E. 7`" Street in Saint Paul. A fifteen year old female entered the store and asked to buy cigarettes. She was asked to show identi�cation and did so. The identification correctly stated her date of birth. Nevertheless, the clerk sold her a package of Marlboro cigarettes. 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 public hearing, you �vill 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, Page 2 Earl Schoenheider July 12, 2001 '� t - t'1 l 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 entitied. 2 Alternatively, 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 requestin� a public hearing. We wiil 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 Administratice Law Judge. At that hearing both you and the City �vill be able to appear and. present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Counci] will ultimately decide the case. If this is your choice, please advise my legal 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 �•ou 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 separate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �/•�JcQ�t--� �^^c � � 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 ` 0�-F�l STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AEFIDAVIT OF SERVICE SY MAIL JOP.NNE G. CL.,MENTS, being first duly sworn, deposes and says that on Ju1y 17, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereo£ in an envelope addressed as follows: Earl Schoenheider Savoy Inn 421 East 7 Street St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 17th of Ju1y, 2Q�1. i3otary Public �.,.a.,4, ��7ER P. PANGgpRy s�s� t�TARY PUBLIC • MINNESOTP � .�$�' MY COMMlSSION "' ' EXPJRES JAN.31, 2005 x'�s'*+s��v,�—. � o� -r� c � � 0 x � W 0 y � � � O d V N a J O O N � � � O � Q- N C U > � J Q �_. R � O '� C C �p m w N � O V � J vi � N � m F- � N �p N N V J d � O 0 N N O � r Z N N U � J p - o N N 111 � � � � N 2 a^o V L� N � Z z? } � Q � � W 0 W S �Z �w �O Z = �U O � a¢ W �U C 7 � U i N � O N (6 � Q x W y c N � � � Z U O d m U C m � N C N � N Z C N � 0 U a� U C N 7 N C N � � 7 Z N C n , O M s � a N ^, m N a� ^ c m � � � F � � w � S � V X N 'C O � �� O N � N� 3 _ Y � N � UN � U lL U c o O U � C �[J � QN N � � j U � T � U � O�;Q O p (n Qao U �v ��o� yQ oo�U O O L N N � � O O � � � � N N O O -"� O_ OFFIC: OF i3C^iSE, INSPECTiONS FL�ID ENVIItON'N(EVTAL PRO'lEC?ION Q + �'11 Roger Cunis, Dirwos _ _ CTI'Y OF SAIIVT I'ALZ. Narm Calen+an, Mayor Case # SAVOY lNN 421 7TH S7 E ST PAUL, MN 55101-2433 License Type: License � Ci9arette/Tobacco �d�s»$ IAGI'RYPHOFESSIONALBUll1JMG Telephone: 657-266-9090 350StPeterStreet,Suite300 Faaimile: 651-266-91Z4 SaintPaul,Minnuata55I0bI5S0 W2L: W1t'1V.C23t()QitL1NLL2/(1¢p Tobacco Compliance Cher.k Purchase Form Bnsiness Type: � Convenience � Convenience / Gas � Gas � Dmg Store / Phazmacy � Tobacco / Smoke Shop � Supe�arket / Grocery � Genexal Mezchant �P.iquor Store /�esre an�� Other (p rivate cluh, bowling, etc.� Date: � � � / ") Time: � . � ( a.m M M D D Y.Y Was purchase attempted? If NO, check reason: �Yes �No �Does not sell tobacco �Unsatisfactory/unsafe conditions � Out of business � Other � Aftex business houis ONot applicable Buyer �� AQe Sez Adult � �� Did adnit or officer view�ansacfiou? Use 3 initials � �. . Use 3 initials Yes or ��' SG=�� 17 W sale made? Was age ask�? es or I3o Yes ot � Type of purchase: _S�f' Service v�lezk assisted _Vending machine - Unlocked Location of machine _Vending machine - Locked Location ofmachine Clerklnformation: �exnale ' f Lacensec; ' - _�. < _ . : ("ior..Q�e:. W ID requested? W� shown? �or No Yes�or No Type o product: Amount spent: $ ��. ��T _ igazettes !tit- �tu. h vo..c� _Smokeless _Ciga� _Other (cigarette papers, lighter, etc.) �Ma1e Approsimate Age: �Under 18 Actual age if knov� . ' � �ri?i�aU'?enaky$ � - " -- - - ' ... � .- � �� . ;� �11_to-3t;daya � ". � ,�"�".. ,. ... . 32davs.m.Y�vear . . _ �aYcrt�,eaz' =:� , . o t -t�� Name of �1 � �'� 11�� i'+ /Z�2.� Aate of Birth Address: 7d r l�� 7� Driver's License # or 5tate I. D.#: --7 J � �' � — � � f � / d ;�� "- Z�� 1�,.,� `�,,��. � ��; � �--� License �roup Comments TeM Licensee: EpRL SCHOENHEiDER DBA: SAVOY INN License #: 0015829 07f06/200'1 o-� -i l 07/0612001 To CAO for adverse adion. CAR 07/02/2007 Failed tobacco compliance check. Clerk was Valorie Jean Johnson, 401 Sibley St #728, 55101. First sale, 5200 matri� penalry. CAR o � -a�� t Adtlress 1 Licensee 1 CoMect � L�cense � CarcVwau i 1 TYPe- C PropertY � ��e C Lhoffidal � Atl street C: 27 SYree[ Narrse: TH Sheet Type: <41b . Direclion: <AU> ��- Und # �- Gty. WII� :v � M 16i18 t6119 0 990U05874 0 SAVOY INN INC SAVOY WN Cigarettelfabacc0 'kctive License Pf¢ked U711871997 04f3pl2002421 'LiquorOnSale-tl�Attive_ LiCenseP(intetl 02f1EfI99704f30f2002421 ,_ _ liquor On Ssle _ Su.ACtive License Prurted �271&I997 04IdOR002421 Matt Off S9le ".4ctive License PraRetl OZ778f1997 04730R007421 "'"_ " " ' .�..."_ "_" "__ ___ ... _ ""'_"" ' ' "'_" '" SAVOY INN INC SA�OV INN C arettelfabacco ,Canceletl ,0277211996 04flOp997421 J.4M14E5 FIAHERT'JAA4ES FLAHFRN FoOtl Menager Yanceletl_License Oefindion CarxeleC Wfi 7J1999 03l17R007 421 a�.�� TYPE ' ... �ry .. �� 'a . � Licensee ___ _ SCNOENh@10FR = DBA VOYPJN , _.. _., ., �fl. .� . Stre'e . _ . . ... . . . .. _.. � Lh•rnse � Licereee � Lic. TYP� , �anca � BorcJ � Raryvemerits � S[re� � G Property C` Licensee t' I.NOffiriel PraJectFa�IQffior. ASUNCION,CORNWF Dire�s '. Street C: 27 Pdverse Action Commer4s __ Unh ; �; Sreet Neme TH CdY. 9reet TYpe ST Dvectlan: � : Urvt ind: � Und #: � ' _ Crty: T PAUL � License GrOUp CommerdS ' Stale: v1N — Zip: 5570t �m6R�'i To CAO for adverse a[2ion. CAR � A2I2�01 Faied tabacrn complience check, perk was `� Ward. x'� �. gbrie Jean.bhnsan, 401 Sibiey St #728, 5510t. Rrst —' Dist CounGl � --- _ ale, $200 metrx Penaky. CAR ' � licensee: RL SCHOENHEDFR LiCensee � : DBA AVOY WN �m��S �A . Sales Tax Id 569226 Bus PMne: 65ll 227-0437 ' � Resteurarrt(B) R `11R211996 j 07N7f2002 N S450AQ .._�_'...."" . _ �_...._�_.'____._.'__---_" 1611E � � TotaL• $9d0,00t � # f I5829 . . .. . ,. Seve Chan9es to History � I��??1 . .. . . . �, � . . . . . � �t'� �. . _avn�n a21 �� - Licensee LSGiOETW9DF3i � T � f � � '�� DBA AVOYNBJ Strei � ) ._._'_._'..._.._ _.___ _. _- . y �'. License ��e`rsee � Lic. TYPas l_ Nsaaance t _9ond _' _' RCquiremeMS 1 ' Stre:, Licensee Name: PRL SCHOFNFI6DER - or .�::. , �__. . . _ , _. . , ._ _""' � ��'+s , p OBA AVOY WN " ' �' � . � SalesTaxkk 569226 .. (�brrpraf� � e �tu Unhi � �WarkersCamp: �A2l10U2' '�� .`� . AACOr#ractRec'tl: D�AOW AATrairungRec'd +�� CRY: �?A Fee Collectetl: OAON000 DlscourG ReCd �' O[her A en Licenses Fnanasl HNd REasons ENtie`��'?�k7t3E�u/ NW�l�.�$t� BeaS;an �.._� x ._ .. ._ :��.P��'",d�., �2 Maalicense To: � . �-�:�� `� � ' ., , . '� ' „�.. . � � C•�MaOTaCOMact� � BusinesSM{OOAOR7000AONONOOiSCHOEJFi9DFR_ EP.rd _ _ '(�$1)22T1437- '{'�jcenseAdNesS ' _ _ _ ' '_' � '_ _. . _ - Other 0924f199900lOONOOiFLAHERTY JAMES FOOD MANACe (_) __ �� _ __. .. "_"__'.""""__ _. __...._'_""_.:_'_'�._"'___ F `Matl Imoice To. — �' `� G. Ma0 Ta CorRSd i61'IF� � - o stzt'C`LiCenseAddressl Backgrrnmtl Check Requ'vEtl r o �-�� # h5829 .. . .. . . _. Seve Qten9es to FfistOry r � ' 1"� . . _... a : dp"�:s�.i 3t au October 3, 2001 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soutfi Minneapolis, Minnesota 55401-2138 7ELEPHONE: (612) 341-76W TTY: (612) 341-7346 Fred Owusu, City C(erk City of St. Paul 170 City Hall 15 West Ke{logg Slvd. St. Paul, MN 55102 RE: In the Matter of the Administrative Hearing for Vaiorie Jean Johnson; OAH Docket No. 7-602Q-14452-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the o�ciaf record, including the tape recording of the hearing. Our file in this matter is now being closed. Sincerel MICHAEL W. LE Staff Attorney Telephone: 612/341-7610 MWL cc: Virginia D. Palmer, Asst. City Attorney wlRecommendation Valorie Jean Johnson wlRecommendation Providing Impartial Hearings for Govemment and Citizens An Equal Opportunity Employer �lministrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlem. acsimile: (612) 34s-2665 Facsimile: (st2) 349-26s1 Facsimile: (612) 349-2634 7-6020-14452-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL in the Matter of the Administrative Hearing for Valorie Jean Johnson FINDINGS OF FACT, CONGLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (AtJ) Richard C. tuis, serving as hearing examiner for the Saint Paul City Council, commencing at 9:30 a.m. on September 13, 2001 in Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota. The record closed upon adjournment of the hearing on the same day. Virginia D. Palmer, Assistant City Attorney, 400W City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the St. Paul Office of License Inspections and Environmental Protection ("City"). There was no appearance by or on behaif of Valorie Jean Johnson ("Appeilant"). NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject ar modify the Findings of Fact, Conclusions and Recommendation in this repork. Pursuant to Section 310.05 of the Sa+nt Paul Legislative Code, the City Counci{'s final decision shal{ not be made until this fteport has been made available to the parties to the proceeding and the Appeflant has been provided an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Judge in the application of the faw or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties should contact Fred Owusu, St. Paul City Clerk, 170 City Hall, Saint Paul, MN 55102, to inquire about presenting argument to the Council. STATEMENT OFISSUES 1. Whether it is appropriate to a�rm the administrat+ve penalty of $50.00 imposed on Vaforie Jean Johnson for selling cigarettes to a person under 18 years of age; and 2. Whether it is appropriate to impose on Valorie Jean Johnson some or all of the costs of this contested hearing. Based on all of fhe proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On August 8, 2001, a Notice of Hearing in this matfer was mailed to the Appellant, Valorie Jean Johnson, at her last known address {401 Sibley Street, #728, St. Pau{, MN 55141).� The address is the same that was given by Ms. Johnson in her appeaf letter in this matter, filed with the City Attorney's Office on July 30, 2001. The Notice of Hearing has not been returned. 2. The first sentence of the final paragraph on page 2 ofi the Notice of Hearing in this matter reads: "If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true." 3. The Notice of Hearing alleges, at the top of page 2, that on July 2, 2001, Ms. Johnson, the clerk behind the counter at the Savoy Inn, 421 Seventh Street East, sold a package of cigarettes to an underage person, even though the identification the buyer showed gave the minor's correct age. 4. The Appellant did not appear at the hearing on September 13, 2001, nor did anyone appear on her behalf. She made no prehearing request for a continuance and made no other contact regarding the Notice of Hearing with the ALJ or the City. As a result, she is in default in this matter. 5. The allegations in the Notice of Hearing are taken as true, deemed proved and are incorporated into these Findings by reference. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 461.12, subd. 3. 2. Any of the above Findings of Fact more properly termed Conclusions are hereby incorporated as such. 3. The City gave Valorie Jean Johnson timely and proper notice of the hearing in this matter by serving her by mail on August 8, 2001. 4. Valorie Jean Johnson has violated Minn. Stat. § 609.685, subd. 1a and Section 324.07 of the St. Paul Legislative Gode by selling tobacco (a package of cigarettes) to a minor, even though the identification shown by the minor gave the minor's correct age, on July 2, 2001. ' City's Exhibit 7. 2 City's Exhibit 6. 2 5. Under Minn. Stat. § 461.12, an individual who sells tobacco to a person under the age of eighteen years must be charged an administrative penalty of $50.00. {t is appropriate in this instance to impose an administrative penalty of $50.00 against Valorie Jean Johnson, for violation of the statutory and City ordinance prohibitions against selling tobacco to a minor. 6. The St. Paul Legislative Code, at Section 310.05(k) authorizes the Councii to impose the costs of a contested hearing on a"licensee or license applicanY' for reasons specified in that section. Valorie Jean Johnson is neither a licensee nor an applicant within the meaning of Section 310.05, so it is inappropriate to impose costs on her in this instance. Based on the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED: that the Saint Paul City Council AFFIRM the administrative pena{ty of $50.00 imposed on Va{orie Jean Johnson. � Dated this � day of October, 2001 Reported: Default (one tape) f � �\�>� RICH RD C. LUIS Admin+strative Law Judge MEMORANDUM The documents offered by the City and admitted to the record at the hearing indicate that the girl buying the package of cigarettes at the Savoy !nn on July 2, 2001 was only 15 years old at the time of the purchase, that the appropriate consent to the undercover operation had been granted by the girl and her parent, and that the Appellant was the person who sold the cigarettes. Absent any evidence to the contrary, the City has established the facts providing a basis for upholding the administrative penalty fine. No further penalty (imposition of costs) is recommended, because the City's Legislative Code authorizes the imposition of hearing costs, including the fee of the hearing examiner (ALJ), only on licensees and applicants for licensure. Ms. Johnson does not fall into either category. She was an employee of the 3 licensed establishment, and there is no indication that she had an ownership interest in the Savoy lnn. lt is clear that the sale of cigarettes to a minor fits square{y witfi one of the classes of ofEenses specified for which the Council may impose costs 3 Also, costs can be imposed if °the position, claim or defiense ofi the licensee or applicant was frivolous ... made in bad faith, or made for the purposes of delay ....s Ms. Johnson was assessed the administrative penalty applicable to individuals who have sold cigarettes to minors, pursuant to Minn. Stat. § 461.12, subd. 3. Administrative penalties against municipal tobacco licenses are treated separately, under subd. 2 of Minn. Stat. § 461.12. That dichotomy befinreen licenses and "persons" selling tobacco to anyone under the age of 18 is maintained in the City's Legislative Code, at Section 324.07, which provides that a licensee is subjected to the provisions of Section 310 of the Code if an individual "person" violates the prohibition against selling tobacco to minors. Section 310.05(k) allows for the imposition of contested hearing costs on licensees and license applicants, but not on individual violators. in order to impose costs on a person in Ms. Johnson's position, separate, specific authority must be present. Absent such a provision in statute or the City's Legislative Code, no +mposition of costs has been recommended. In this instance, the Notice of Hearing did not mention the possibility of an imposition of costs in the event of a failure to appear. Even if authority existed to impose costs on individual (non-licensed) violators, an issue would remain regarding proper notice of potential liability. It is noted that the tobacco licensee (Savoy inn) was assessed an administrative penalty for the same incident, but avoided the imposition of costs because it did not request a contested hearing before a hearing examiner. R.C.L. s 3 See St. Paul Legistative Code, at Section 310.05(k)(vii), which authorrces the imposition of costs if the violation involves the sale of cigarettes to a minor. ° St. Paul Legislative Code, Section 310.05(k)(i) (emphasis added). � STATE OF MiNNESOTA) ) ss COUNTY OF HENNEPiN) AFFIDAVIT OF SERVICE BY U.S. MAIL Michael W. Lewis , being first duly sworn, hereby deposes and says that on the 3rd day of October, 2001, at the City of Minneapolis, county and state aforementioned, he served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 7-6020-14452-6 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 Valorie Jean Johnson 401 Sibley Street, #72S St. Paul, MN 55101 Subscribed and sworn to before me this 3` day of October, �� 8'�'� � , Notary Public � , ( :` °, �VON REGqN 4`��.d,: MYCOMMISStON��,'CPj� JANUARY31.2005 2001. OFFICE OF THE CITY ATTORNEY Glayton M Robinson, Jc, Ctry Attorney CITY OF SAINT PAUL Norm Colemnn, Mayor ^'� CEi`�,��D Civil Division Qi ' (� 0 CiryNn11 F::: V `.) �ii�i � � � Wert Ketlogg Blvd. Saint P¢rcl, Minnuotn 5510? tlrlf j r �- � ` ..' I��r�.: �� i t Telepkone: 65/ 266-8710 F¢csimile: 651 298-i 6! 9 E1UgUSt 7, 2Q01 NOTICE OF HEARING Valorie Jean Johnson 461 Sibley Street, #728 Saint Paul, Minnesota 55101-2938 RE: Sale of cigarettes to a minor Dear Ms. Johnson: Please take notice that a hearing will be held at the following time, date and place concerning the administrative penalty assessed against you: Date: Thursday, September 13, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Keliogg Blvd. St. Paul, MN. 55102 �` �a The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Riclaard C. Luis Office of Administrative Iiearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Teleph on e: 612-349-2542 Evidence will be presented to the judge as follows: On July 2, 2001, an underage person entered the Savoy Inn located at 421 7` Street East and asked to purchase cigarettes. You were later identified as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the idenrification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that"an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." You have the right to be represented by an attomey before and during the hearing or you can represent yourself. 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 appiicable. 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 you or your attomey may cross- examine. You may then offer in rebuttal any witnesses or evidence you 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 that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If 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 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 madz and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can cail me at 266-8710. Very truly yours, �a�� 6 Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearinas, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Notice of Hearing - Page 3 ,. . , OFFICE OF ADMII�TISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Administrative Hearing For Valerie Jean Johnson CITY'S PROPOSED EXHIBITS September 13, 2001 TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Adminish Hearing on September 13, 2001. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Description Tobacco Compiiance Check Purchase Form, dated July 2, 2001 (2 pp.); Youth Consent Form, signed January 28, 2001 (1 p.); Parental Consent Form/Emergency Medical Consent Form, signed January 2$, 2001 (1 p.); Minnesota Identification Card (1 p.); Notice ofAdministrative Fine, dated July 18, 2001, with Affidavit of Service t PP�); Letter from Valorie Jean Johnson to Virginia Palmer, date stamped July 30, 2001 (1 p.); Notice of Hearing, dated August 7, 2001, with Affidavit of Service (4 pp.). Also attached please fmd courtesy copies of applicable St. Paul City ordinances: St. Paui Legislative Code § 310.05 St. Paul L,egislative Code § 310.06 St. Paul Legislative Code § 324.07 Minn. Stat. § 461.12 Minn. Stat. § 609.685 Respectfully submitted this 13th day of September, 2001. --�%�' �� Virgiri . Palmer Assistant City Attorney Office of The City Attorney 400 City Halt 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �Y_ r Tobacco Compliaace Check Purchase Form Case # SAVOYINN 421 7TH ST E ST PAUL, MN 55101-2433 License Type: License # Cigarettelio6acco 00161�8 Bnsiness Type: � Convenience � Convenience / Gas � Gas � Diug Store / Phazmacy � Tobacco / Smoke Shop � Supermazket / Grocery � Genexal Merchant �iquor Store /�esta ant �� Other (privarc club, bowimg, em.) �� Date: " � � I ", Time: � . J / a.m M M D D Y_Y Was purchase attempted? If NO, check reason: ` �Yes �No �Does not sell tobacco �UnsatisfacYory/unsafe conditions � Out of business � Other � After business hours � Not applicable Buyer �� AQe Sez Adult � �� Did adult or officer viewtr�ansaction? Use 3 ittitiZLs 15 �F��emal LTse 3 initials Yes or �� l. "'a" 17 W sale made? Was age as � � or No Yes oz o CITY OF SAIN'C PAUZ Norm Colemnn, Mayor OFFIC:: DF'.ICc`'•VSE, INSPECTONS .Ai�ID ENVQ20NM�71'AL P?20TECTtON Roger Curtrs, Dirertor LOWRYPROFESSIONALBUIIdJING Telephonc 651-266-9040 350StPrterStreet,Suite300 Faaimite: 651-2669Z24 Sain1 Pm+l, Minnerata SSIO2-I570 Web: ;vww.cistpauLmn.u,d(iep W� requested? W�D shown? or No Ye �or No Type �o product: Amount spent: � ��—P .�V+ � �.Cigarettes !tit- �tR_. � /�j d 0�/J Smokeless _Cigars _Other (cigarette papers, lighter, etc.) Type of purchase: S Service � erk assisted _Vending machine - Unlocked Location ofmachine _Vending machine - Locked Location of machine C3erkInformation: �'x'emale �Male Cuce¢se� $'-. . Approaimate Age: � Under 18 Actual age if known . - "Eiaiimm'a"E"P�ena[t}eS ` - _ - -=, ' _ - ,� - - - - Si�peusipa> ., IO'd�ys-acless � ��L1:Ta3.� ` ' � _ In Re the Administrative Hearing for Valorie Jean Johnson City's Exh. No. l � Y! y�/si`t� " .f Name of . .. � �� 2� � Date of Birth �� t �� !1� G �� JZ'72J FY ` �� Driver's License # or State L D.#: �� S a" �� f /`r�;� — Z �� OFr ICE OF LSCc ISE,12�'SPEC70NS AtiD IIQVIRONJiEY:ALPROTeCTION Robert Kessler, Director CITY OF SAII�IT �ALTL Nom Coteman, Mayor LOIYRYPROFESS16N.iL BUILD tNG Suiu 300 350 St Pe:u Stcrt Saint Pau7, Minnctota 55102-]510 Youth Consent Form Name• � _ �. _ .. I` Date of Buth: l�'( y� S _ Male _ v Female Address: . - - - •-.._--- Phor.e: ,l3t? —. - TetenGone: bl?-2b6-909p Facsimile: 612-266-9099 612-256-9124 lnsuucrions: Cazefully read each Iine below. Please ask quesrions about anything you'mi�ht not completely understand. Yovr si�narure indicates that you do understand and aze wilIing to abide by all the tecros of this agreement T understand that the pucpose of the comptiance checks is to assess the aurent saIe of tobacco and alcoboi to underage youtfi by attemptin� to purcfiase these products. I understand and agree that I am not to pursue or participate in any operarion relating to alleged tobacco or alcohol sales ti�iolarioas unless I am under the direct supervision of the City Qf St. Paul, Qffice of License, Inspections & Env'uonmental Pzotec6on's adult supervisor or the Saint Paul Police Department. I understand that snecific information about the unannounced compliance checks of tobacco and alcohol retail oudeu is confidenc'saI and a�cee that I wili not discuss outcames or details of speeifia inspections, including but not limited to: retail locations, retail staffmaking sales w undera�e buyers, and City of St. Paul, Office of License, Inspections & Environmental Protection's staff invotved in the compliance check unless d'uected by praject staff. i a�zee not to violate any laws or commit any crimes while pariicipafing in tmannounced compliance checks of retail tobacco and alcohol oudets. � I understand ihat if I violate any laws, except the one I am �ranfed immunity from, that I may be responsible for those violations. I a�ree to relinquish all tobacco and alcohol producu purchased as the resu]t of tfiese compliance checks, any chan�e and all uaused meney ro the adult supervisor. I undezstand tl�at an unannounced compliance check of tobacco or aicohol retail outlets wiL' con�er,ee a: :.`�e time I meet the designated adult supervisor for scfleduled operacions. I fiuther understand that each compliance check will be considezed tetminated at the time I exit the designated adult supervisor's vehicle at the eonclusion of 2he coxapliance check and data collecrion session. I bave participated in the �aining affered hy the Office of License, Inspecrions & Environmental Protectian and, adhere to the protocol established by the Office of Licease, Inspecdons & Environmental Prorecrion. /J Youth's Name (piease priat) �. � _� � Youth's Signatuze � Date JU.✓� Z� Z{�j � �,_-_ t��tl�Lt �- lucLvr-2a� PareadGuar 'an's Name (please print) Dare � Z � �OI /�� u E �C�i� � PazenUGua dian's Signanue e In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 2 OFFiCL' OF L:fE�S`c, ;\SpECT:O::S �SD E\V[RO\�tEVTnLPROTEC-(ON dobcrt Xessirr, Director �o c�f CI"rY�F'j�'-�jylTPt�(�Z., LOIf'RYPROFc'SSIO.Y3L3C�fLDLI'G Telc,�l:nr.e:51='_6fi-9090 A'v: r G/emcn, Stgror Saite 300 Fatsi.md:e: 51?-?56-SOS9 3JO St Pzter Street 61?-?669I?4 Salnt Pmd, .ifinnuo:a 5:70?-ISIO Parental Consent FormlEmergency �iedical Consent Form I do bereby give p:imission for my c!�ild L � to purchase tobacco and'or alcohol producu undez duect aduit supen during comnliancz checls of retaii outlzu, conducted by the City of St. Paul, Office of License, Irspectious & En��ronmzntal Procection and,'or the Saint Paul Potice Department to determine w<hether they aze in compIianct n•ith D4innesota Scamtes and Ciry Ordinances «•hich prolubits the sale of tobacco and alcohol producu to minors. I re]eue, discharse, and hold fiamiless the State of'�4innesota, iu agents, officers, and employees, the City of St. Paul, Office of License, Inspertio:u g En� Protection and the Saint Paul Police Department fram any actions and demands whauoever, whether joint or several, on all potzntial daims, actioas aad demands K•hatsoever, that now exist or may hereaftez e.cist, and inclvding xll.da;**�s, aciiors, demands ��hauoe�•er based on matters non• tmknown as well as ]aown, and unanricipated as well as anticipazed, in any mattez whatsoe�•er, directly or indirectly resulring or to result from acri��ry re�azding my child's in�•olvement in compFiance checks of the sale of tobacco and�or altohoI producss to minozs. A4y chi3d's sen•ices ue �•oluntary and zssumprion of risls of injury or harm aze accepted by the undersigned. T¢i��e my consent to Ha�•ing tfie abocc-signed panicipant treated by a physician or sur�eou at my expense in the case of a sudd�n iltness or m}ury n participaring in minor's tobacco purchasing suney acri��ities. If a personal physician is listed below, every effort nili be made to contad that physician. Howe�•er, I understand that the location of the activiry oz the nature of the ilIness oz injury may tequire t3ie use of emeraencp medical penonnel other than the pfiysician or medicai group listed below. Please procide tfie infacxnaaoabelo�r if applicable. PIease print 0 � In Re the Administrative Hearing for — Valorie Jean Johnson " City's Exh. No. 3 Signature of Parent �.�; ,: �lia'M��'i�oi�.n � � ��II01 215T BIHTH DATE: OCT-19-2008 1HIH BIHTt1 DATE: OGT-1¢200.3 RC - . 0.0.0.10.1Y�Mf R- � .,.,.E_,;- ' p'_ cuss: w orv�v ErypONSENEMS: MONE q�g1q�CSpNS. NONE IIII�IIIIIiIIIIIIIiIIIIIIIIIIII�iIIIIIIIIIIII �ESfIFAT10N E�M � e In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 4 ST PAUL, MN 55104 �� ` " � ' . OFFIC� THB CITY ATTORNEY Clnyton binson,Jc,CiryAttorney CITY OF SAINT PAUL c,�rrDr,.u,o„ Norm Co7emnn, Mayor 400 Ciry Hall Telephone: 651 Z66-8710 ISWestKel7oggBlvd. Facsimi1e:651298-5619 Saint Pa:el, Minnuom 5�10? i JUly Ic4� ZOQI NOTICE OF ADMINISTRATIVE FINE Valorie Jean 7ohnson 401 Sibley Street, #728 Saint Pau1, Mimiesota 55101 RE: Sale of cigarettes to a minor Dear Ms. Johnson: The Office of License, Inspections and Environmental Protection has determined that you aze subject to an administrative penalty of $50.00, pursuant to Minn. Stat. §461.12, subd3. The basis for this determination is as follows: Ou July 2, 2001, an underage person entered the Savoy Inn located at 421 7 Street East and asked to purchase cigarettes. You were later identified as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that "an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." If you wish to contest the fact that you sold tobacco to an individual under that age of i 8 years, you aze entitled to a hearing before an administrative law judge. If you wish to have such a hearing, please let me know in writing. You will then be sent a Notice ofHearing with the time, date and place of the hearing and the name of the administrative law judge who will preside, and a brief description of the procedures which will be followed at the hearing. If you do not wish to contest the fact that you sold tobacco to an individual under the a�e of 18 yeazs, you may send your payment of $50.00 to the Office of License, Inspections and Environmental Protection, 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota, 55102. In either case, please let me know in writing no later than Monday, July 30, 2001, how you wish to proceed. In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 5 � �--" i Page 2 Valorie Jean Johnson 7uly 18, 2001 • If you have any questions, please feel free to contact me at (651)266-8710. Sincerely, (/�C �iw`�"�' �� „� � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP - �_ � - • s STATE OF MINNESOTA ) ) ss. COUNTY OF RA.MSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 19, 2001, she served the attached NOTICE OF ADMINISTRATIVE FINE on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Valorie Jean Johnson 401 Sibley Street, #728 St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St �Paul, Minnesota. � /� „ / t� /! \ Subscribed and sworn to before me this 19th of July, 2001_ _ Notary Public PETER P. PANGBORN NOTARY?UBL�C- MiNNESOTA MY COdAMlSSpqN EXPSRES JAN.39, 2W5 � � va.lo�-%�i, jea.n.fa3�w�ao�v 401 S%�rley Street #728 Sa+�nt�au.7, Mi�n��ta�55101-2938 Vi,f^�i,v�iu.l7 �a.�.s�i'�.e�' I w'v��.to-requ.e��cvh�e.a.v�i� wi�. cv a�a�rn+,vu�"rat'we� la.w ju.d� i,rv t3� v�uitCer o f v�y v%o�a.t'�o f ata.tera�ncL c%ty cot��a: I wi,ZL I�i wait'� fcTr � r�o�i,c� Tha.�.]vYaw Va�a-%Q., jea.wJ��w►.ao-w 651.292.2740 ;� � s e, e V e� � � �.nl � �� _ In Re the Administrative Hearing for VaZarie Jean Johnson — City's Exh. No. 6 OFFIC THE CITY ATTORNEY , � C[ayton . inson, Jn, Ciry Attorney CITY OF SAINT PAUL Norm Colemrtn, Mrsy�or E�llgllSt 7, Z��l civitDivision 400 City Hn!! IS Wut Kellogg Blvd. Saini Paul, Minnesota 55102 NOTICE OF HEARING Valorie Jean 3ohnson 401 Sibley Street, #728 Saint Paul, Minnesota 55101-2938 RE: Sale of cigarettes to a minor Dear Ms. Johnson: Telephone: 651266-8710 Facsimile: 651 298-56f 9 Please take notice that a hearing will be held at the following time, date and place concerning the administrative penalty assessed against you: Date: Thursday, September 13, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 �Y The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Aearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 � In Re the Administrative Hearing for — Valorie Jean Johnson ° City's Exh. No. 7 .. � Evidence will be presented to the judge as follows: ` On July 2, 2001, an underage person entered the Savoy Inn located at 421 7` Street East and asked to purchase cigarettes. You were later identi£ed as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that "an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." You have the right to be represented by an attorney before and during the hearing or you can represent yourself. 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 thehearing, the Administrative Law 7udge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each ofwhom you or your attorney may cross- examine. You may then offer in rebuttal any witnesses or evidence you 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 outcotne 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,P'Law, and a specific recommendation for action to be taken by the City Council. You shouid 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 that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If 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 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. Notice of Hearing - Page 2 y , . . . • • If you have any questions, you can call me at 266-8710. V ery truly yours, �nc�� n � Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP �;; � Notice of Hearing - Page 3 ,- i � STATE OF MINNESOTA ) ) ss. COUNTY OF R1IMSEY ) AFFIDAVIT OF SERVICB BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 8, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Valorie Jean Johnson 401 Sibley Street, #728 St. Paul, MN. 55101 (which is the last known address of said person) depositinq the same, with postage prepaid, in the United States mails at St�i Minnesota. �� ,�., n � `� Subscribed and sworn to before me this 8th of ,A�ctqus� 2Q.Q1. � � �"'�'�R P �'�I�G80�� .� y� PETcR / r. , -�4 r NOtiARI' PUBUC - PI�iNNES4 �,�Y ti;a"�PAi� Notary Pu ic �`�� Ex�;��,sn�t.��,2c�5 ORIGINAL Presented By Referred To Council File # � � � �1 � n, PP., c�,oP, �� C� l� Committee: Date 2 3 RESOLVED, that the licensee, Eazl Schoenheider d/b/a Savoy Inn (License ID No. 4 15829), located at 421 East 7` Street in Saint Paul is hereby ordered to pay a fine of $200.00 for 5 the violation of the sale of tobacco or tobacco products to a minor. 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 Tobacco Compliance Check 13 Purchase Form, the July 17, 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: gy ��iUJ � � Form Appro d by Cit�orney By: Z �. Approved by Mayor for Submission to ie '_ . �r�� - - �� • •. . _ • �_ _ t , �j' �� ii . �. � 1"%/�/ ' ' ��/%%/%/ Adopted by Council: Date pp� Adoption Certified by Council Secretary DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 104272 O �•• r1� LIEP 3uly 24, 2001 CONTACT PERSON & PHONE: 71VR7Ai✓DATE INTIIALDnTE Virginia Palmer (266-8710) � DEP,+t� nm crrv courrcn. MUST BE ON COUNCII. AGENDA BY (DATE) �IGN —�'1 ATTORNEY _ CITY CLERK NUMBER ��CLSL SERV DIIL FINANCIAL SERVfACCTG Aug 22, 2001(public hearing) p� MAYOR(ORASST_) _CNILSERVICECOMMISSION ROl)TING ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acrtox �QaESx�n: Adverse action against the Cigarette/Tobacco license held by Earl5choenheider d/b/a Savoy Inn located at 421 East 7`� Street ° RECOMMENDAIIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TfiE FOLLOWING QUESTIONS: PLeWNING COMMISSION 1. Has this person/firm ever worked under a cont2c[ for this department? CIB COMMITTEE Yes No CNII. SERVICE COMMISSION 2. Has this person/firtn ever been a ciry emptoyee? Yes No 3. Aces this person�firtn possess a skill not nomtalty pos5essed by any curtent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTJATING PROBLEM, ISSUE, OPPORTUNTTY (Whq What, Wheq Where, Why): Earl Schoenheider d/bla Sauoy Inn failed July 2, 2001 cigarette compliance check. ADVANTAGESIFAPPROVED: Council action necessary to impose presumptive penalty for license violation. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for license violation. TOTAL AMOUNT OF 1RANSACTION: $ COST/REVENUE BUDGETEA: FIJNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAI� [HJSERS�PANGBORN�gernsAat-agarnte<o�ryriBwpd " — - ° " " —"_ _�' / Y. �u� � � zao� ► ..� ., CITY OF SAINT PAUL Norm Co[eman, Mayor July 24, 2001 OFFICE OF THE CITY ATTORNEY Ot � � C1ayTOn M. Robinson, Jr., City Attorney Civit Division 400CiryHa11 Telephone:6512658710 IS Wect Kellogg Blvd. Facsimile: 6S7 298-5619 Saint Paul, Minnesoto 55102 � g�agarch �er.irx NOTICE OF COL3NCIL HEARING �� + �3 �� Eazl Schoenheider Savoy Inn 421 East 7` Street Saint Paul, Minnesota 55101 RE: Cigazette/Tobacco License held by Earl Schoenheider d/b/a Savoy Inn for the premises located at 421 E. 7` Street in Saint Paul License ID #: 15829 Dear Mr. Schoenheider: 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 Hail and Ramsey County Cour[house. 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 hearing, an that the facts concerning the sale of cigarettes to an underage person have not been disputed. You will have an opportunity at the Council hearing to present oral andior written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for $200.00 fine. If you have any questions, please call me at 266-8710. V ery truly yours, � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary 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� -r�� UNCONTESTED LlCENSE HEARING Licensee Name; Earl Schoenheider d/b!a Savoy Inn Address: 421 East 7 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 Comptiance Check Purchase Form 6. License information � E & V SCHOENHEIDER, INC. DBA Red's Savoy Pizza ° `' t �� 450 Gien Road S� Paul, MN 55119 July 17, 2001 Dear Virginia D. Palmer, This Letter is to inform you of our wish to have a public hearing before the council. While we are not disputing the facts we feel there are extenuating circumstances that need to be addressed. Our clerk checked the identificaton of the person buying cigarettes as she always does. She misread the date on the I.D. due to blurry vision caused by doctor prescribed medication. This particular clerk is meticulous at following the law for under aged alcohol and tobacco sales. We will be waiting for you to contact us on the hearing date. Sincerely, , � ° v' � Earl Schoenheider President E & V Schoenheider, Inc. Locadons: 421-23 East 7th Street • St. Paul, Minnesota 55101 Take-out & Delivery • 1993 Burns Avenue • St. Paul, Minnesota 55119 CITY OF SAINT PAUL Nornr Colemnn, Mn}�or JllIY I2� 2��1 OFFICE THE CITY ATTORNEY Clnyton M. rtobinson, Jr., City Attorney a�-r�t Civil Divis�ort 40QCityHall Telephone:651266-8710 15 Wes1 Ke1lopq Blyd. Facsimile: 651293-56l9 Saim Paul, hfinnuoln 55/0? NOTICE OF VIOLATION Earl Schoenheider Savoy Inn 421 East 7` Street Saint Paul, Minnesota 55101 M3� Cigarette/Tobacco License held by Earl Schoenheider d/b/a Savoy Inn for the premises located at 421 E. 7"' Street in Saint Paul License ID #: 15829 Dear Mr. Schoenheider: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the CigarettelTobacco license held by Earl Schoenheider dJbJa Savoy Inn £or the premises located at 421 E. 7"' Street in Saint Paul. The basis for the recommendation is as follows: On July 2, Z001, a tobacco compliance check �vas conducted at the premises of the Savoy Inn located at 42l E. 7`" Street in Saint Paul. A fifteen year old female entered the store and asked to buy cigarettes. She was asked to show identi�cation and did so. The identification correctly stated her date of birth. Nevertheless, the clerk sold her a package of Marlboro cigarettes. 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 public hearing, you �vill 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, Page 2 Earl Schoenheider July 12, 2001 '� t - t'1 l 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 entitied. 2 Alternatively, 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 requestin� a public hearing. We wiil 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 Administratice Law Judge. At that hearing both you and the City �vill be able to appear and. present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Counci] will ultimately decide the case. If this is your choice, please advise my legal 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 �•ou 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 separate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �/•�JcQ�t--� �^^c � � 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 ` 0�-F�l STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AEFIDAVIT OF SERVICE SY MAIL JOP.NNE G. CL.,MENTS, being first duly sworn, deposes and says that on Ju1y 17, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereo£ in an envelope addressed as follows: Earl Schoenheider Savoy Inn 421 East 7 Street St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 17th of Ju1y, 2Q�1. i3otary Public �.,.a.,4, ��7ER P. PANGgpRy s�s� t�TARY PUBLIC • MINNESOTP � .�$�' MY COMMlSSION "' ' EXPJRES JAN.31, 2005 x'�s'*+s��v,�—. � o� -r� c � � 0 x � W 0 y � � � O d V N a J O O N � � � O � Q- N C U > � J Q �_. R � O '� C C �p m w N � O V � J vi � N � m F- � N �p N N V J d � O 0 N N O � r Z N N U � J p - o N N 111 � � � � N 2 a^o V L� N � Z z? } � Q � � W 0 W S �Z �w �O Z = �U O � a¢ W �U C 7 � U i N � O N (6 � Q x W y c N � � � Z U O d m U C m � N C N � N Z C N � 0 U a� U C N 7 N C N � � 7 Z N C n , O M s � a N ^, m N a� ^ c m � � � F � � w � S � V X N 'C O � �� O N � N� 3 _ Y � N � UN � U lL U c o O U � C �[J � QN N � � j U � T � U � O�;Q O p (n Qao U �v ��o� yQ oo�U O O L N N � � O O � � � � N N O O -"� O_ OFFIC: OF i3C^iSE, INSPECTiONS FL�ID ENVIItON'N(EVTAL PRO'lEC?ION Q + �'11 Roger Cunis, Dirwos _ _ CTI'Y OF SAIIVT I'ALZ. Narm Calen+an, Mayor Case # SAVOY lNN 421 7TH S7 E ST PAUL, MN 55101-2433 License Type: License � Ci9arette/Tobacco �d�s»$ IAGI'RYPHOFESSIONALBUll1JMG Telephone: 657-266-9090 350StPeterStreet,Suite300 Faaimile: 651-266-91Z4 SaintPaul,Minnuata55I0bI5S0 W2L: W1t'1V.C23t()QitL1NLL2/(1¢p Tobacco Compliance Cher.k Purchase Form Bnsiness Type: � Convenience � Convenience / Gas � Gas � Dmg Store / Phazmacy � Tobacco / Smoke Shop � Supe�arket / Grocery � Genexal Mezchant �P.iquor Store /�esre an�� Other (p rivate cluh, bowling, etc.� Date: � � � / ") Time: � . � ( a.m M M D D Y.Y Was purchase attempted? If NO, check reason: �Yes �No �Does not sell tobacco �Unsatisfactory/unsafe conditions � Out of business � Other � Aftex business houis ONot applicable Buyer �� AQe Sez Adult � �� Did adnit or officer view�ansacfiou? Use 3 initials � �. . Use 3 initials Yes or ��' SG=�� 17 W sale made? Was age ask�? es or I3o Yes ot � Type of purchase: _S�f' Service v�lezk assisted _Vending machine - Unlocked Location of machine _Vending machine - Locked Location ofmachine Clerklnformation: �exnale ' f Lacensec; ' - _�. < _ . : ("ior..Q�e:. W ID requested? W� shown? �or No Yes�or No Type o product: Amount spent: $ ��. ��T _ igazettes !tit- �tu. h vo..c� _Smokeless _Ciga� _Other (cigarette papers, lighter, etc.) �Ma1e Approsimate Age: �Under 18 Actual age if knov� . ' � �ri?i�aU'?enaky$ � - " -- - - ' ... � .- � �� . ;� �11_to-3t;daya � ". � ,�"�".. ,. ... . 32davs.m.Y�vear . . _ �aYcrt�,eaz' =:� , . o t -t�� Name of �1 � �'� 11�� i'+ /Z�2.� Aate of Birth Address: 7d r l�� 7� Driver's License # or 5tate I. D.#: --7 J � �' � — � � f � / d ;�� "- Z�� 1�,.,� `�,,��. � ��; � �--� License �roup Comments TeM Licensee: EpRL SCHOENHEiDER DBA: SAVOY INN License #: 0015829 07f06/200'1 o-� -i l 07/0612001 To CAO for adverse adion. CAR 07/02/2007 Failed tobacco compliance check. Clerk was Valorie Jean Johnson, 401 Sibley St #728, 55101. First sale, 5200 matri� penalry. CAR o � -a�� t Adtlress 1 Licensee 1 CoMect � L�cense � CarcVwau i 1 TYPe- C PropertY � ��e C Lhoffidal � Atl street C: 27 SYree[ Narrse: TH Sheet Type: <41b . Direclion: <AU> ��- Und # �- Gty. WII� :v � M 16i18 t6119 0 990U05874 0 SAVOY INN INC SAVOY WN Cigarettelfabacc0 'kctive License Pf¢ked U711871997 04f3pl2002421 'LiquorOnSale-tl�Attive_ LiCenseP(intetl 02f1EfI99704f30f2002421 ,_ _ liquor On Ssle _ Su.ACtive License Prurted �271&I997 04IdOR002421 Matt Off S9le ".4ctive License PraRetl OZ778f1997 04730R007421 "'"_ " " ' .�..."_ "_" "__ ___ ... _ ""'_"" ' ' "'_" '" SAVOY INN INC SA�OV INN C arettelfabacco ,Canceletl ,0277211996 04flOp997421 J.4M14E5 FIAHERT'JAA4ES FLAHFRN FoOtl Menager Yanceletl_License Oefindion CarxeleC Wfi 7J1999 03l17R007 421 a�.�� TYPE ' ... �ry .. �� 'a . � Licensee ___ _ SCNOENh@10FR = DBA VOYPJN , _.. _., ., �fl. .� . Stre'e . _ . . ... . . . .. _.. � Lh•rnse � Licereee � Lic. TYP� , �anca � BorcJ � Raryvemerits � S[re� � G Property C` Licensee t' I.NOffiriel PraJectFa�IQffior. ASUNCION,CORNWF Dire�s '. Street C: 27 Pdverse Action Commer4s __ Unh ; �; Sreet Neme TH CdY. 9reet TYpe ST Dvectlan: � : Urvt ind: � Und #: � ' _ Crty: T PAUL � License GrOUp CommerdS ' Stale: v1N — Zip: 5570t �m6R�'i To CAO for adverse a[2ion. CAR � A2I2�01 Faied tabacrn complience check, perk was `� Ward. x'� �. gbrie Jean.bhnsan, 401 Sibiey St #728, 5510t. Rrst —' Dist CounGl � --- _ ale, $200 metrx Penaky. CAR ' � licensee: RL SCHOENHEDFR LiCensee � : DBA AVOY WN �m��S �A . Sales Tax Id 569226 Bus PMne: 65ll 227-0437 ' � Resteurarrt(B) R `11R211996 j 07N7f2002 N S450AQ .._�_'...."" . _ �_...._�_.'____._.'__---_" 1611E � � TotaL• $9d0,00t � # f I5829 . . .. . ,. Seve Chan9es to History � I��??1 . .. . . . �, � . . . . . � �t'� �. . _avn�n a21 �� - Licensee LSGiOETW9DF3i � T � f � � '�� DBA AVOYNBJ Strei � ) ._._'_._'..._.._ _.___ _. _- . y �'. License ��e`rsee � Lic. TYPas l_ Nsaaance t _9ond _' _' RCquiremeMS 1 ' Stre:, Licensee Name: PRL SCHOFNFI6DER - or .�::. , �__. . . _ , _. . , ._ _""' � ��'+s , p OBA AVOY WN " ' �' � . � SalesTaxkk 569226 .. (�brrpraf� � e �tu Unhi � �WarkersCamp: �A2l10U2' '�� .`� . AACOr#ractRec'tl: D�AOW AATrairungRec'd +�� CRY: �?A Fee Collectetl: OAON000 DlscourG ReCd �' O[her A en Licenses Fnanasl HNd REasons ENtie`��'?�k7t3E�u/ NW�l�.�$t� BeaS;an �.._� x ._ .. ._ :��.P��'",d�., �2 Maalicense To: � . �-�:�� `� � ' ., , . '� ' „�.. . � � C•�MaOTaCOMact� � BusinesSM{OOAOR7000AONONOOiSCHOEJFi9DFR_ EP.rd _ _ '(�$1)22T1437- '{'�jcenseAdNesS ' _ _ _ ' '_' � '_ _. . _ - Other 0924f199900lOONOOiFLAHERTY JAMES FOOD MANACe (_) __ �� _ __. .. "_"__'.""""__ _. __...._'_""_.:_'_'�._"'___ F `Matl Imoice To. — �' `� G. Ma0 Ta CorRSd i61'IF� � - o stzt'C`LiCenseAddressl Backgrrnmtl Check Requ'vEtl r o �-�� # h5829 .. . .. . . _. Seve Qten9es to FfistOry r � ' 1"� . . _... a : dp"�:s�.i 3t au October 3, 2001 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soutfi Minneapolis, Minnesota 55401-2138 7ELEPHONE: (612) 341-76W TTY: (612) 341-7346 Fred Owusu, City C(erk City of St. Paul 170 City Hall 15 West Ke{logg Slvd. St. Paul, MN 55102 RE: In the Matter of the Administrative Hearing for Vaiorie Jean Johnson; OAH Docket No. 7-602Q-14452-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the o�ciaf record, including the tape recording of the hearing. Our file in this matter is now being closed. Sincerel MICHAEL W. LE Staff Attorney Telephone: 612/341-7610 MWL cc: Virginia D. Palmer, Asst. City Attorney wlRecommendation Valorie Jean Johnson wlRecommendation Providing Impartial Hearings for Govemment and Citizens An Equal Opportunity Employer �lministrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlem. acsimile: (612) 34s-2665 Facsimile: (st2) 349-26s1 Facsimile: (612) 349-2634 7-6020-14452-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL in the Matter of the Administrative Hearing for Valorie Jean Johnson FINDINGS OF FACT, CONGLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (AtJ) Richard C. tuis, serving as hearing examiner for the Saint Paul City Council, commencing at 9:30 a.m. on September 13, 2001 in Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota. The record closed upon adjournment of the hearing on the same day. Virginia D. Palmer, Assistant City Attorney, 400W City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the St. Paul Office of License Inspections and Environmental Protection ("City"). There was no appearance by or on behaif of Valorie Jean Johnson ("Appeilant"). NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject ar modify the Findings of Fact, Conclusions and Recommendation in this repork. Pursuant to Section 310.05 of the Sa+nt Paul Legislative Code, the City Counci{'s final decision shal{ not be made until this fteport has been made available to the parties to the proceeding and the Appeflant has been provided an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Judge in the application of the faw or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties should contact Fred Owusu, St. Paul City Clerk, 170 City Hall, Saint Paul, MN 55102, to inquire about presenting argument to the Council. STATEMENT OFISSUES 1. Whether it is appropriate to a�rm the administrat+ve penalty of $50.00 imposed on Vaforie Jean Johnson for selling cigarettes to a person under 18 years of age; and 2. Whether it is appropriate to impose on Valorie Jean Johnson some or all of the costs of this contested hearing. Based on all of fhe proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On August 8, 2001, a Notice of Hearing in this matfer was mailed to the Appellant, Valorie Jean Johnson, at her last known address {401 Sibley Street, #728, St. Pau{, MN 55141).� The address is the same that was given by Ms. Johnson in her appeaf letter in this matter, filed with the City Attorney's Office on July 30, 2001. The Notice of Hearing has not been returned. 2. The first sentence of the final paragraph on page 2 ofi the Notice of Hearing in this matter reads: "If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true." 3. The Notice of Hearing alleges, at the top of page 2, that on July 2, 2001, Ms. Johnson, the clerk behind the counter at the Savoy Inn, 421 Seventh Street East, sold a package of cigarettes to an underage person, even though the identification the buyer showed gave the minor's correct age. 4. The Appellant did not appear at the hearing on September 13, 2001, nor did anyone appear on her behalf. She made no prehearing request for a continuance and made no other contact regarding the Notice of Hearing with the ALJ or the City. As a result, she is in default in this matter. 5. The allegations in the Notice of Hearing are taken as true, deemed proved and are incorporated into these Findings by reference. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 461.12, subd. 3. 2. Any of the above Findings of Fact more properly termed Conclusions are hereby incorporated as such. 3. The City gave Valorie Jean Johnson timely and proper notice of the hearing in this matter by serving her by mail on August 8, 2001. 4. Valorie Jean Johnson has violated Minn. Stat. § 609.685, subd. 1a and Section 324.07 of the St. Paul Legislative Gode by selling tobacco (a package of cigarettes) to a minor, even though the identification shown by the minor gave the minor's correct age, on July 2, 2001. ' City's Exhibit 7. 2 City's Exhibit 6. 2 5. Under Minn. Stat. § 461.12, an individual who sells tobacco to a person under the age of eighteen years must be charged an administrative penalty of $50.00. {t is appropriate in this instance to impose an administrative penalty of $50.00 against Valorie Jean Johnson, for violation of the statutory and City ordinance prohibitions against selling tobacco to a minor. 6. The St. Paul Legislative Code, at Section 310.05(k) authorizes the Councii to impose the costs of a contested hearing on a"licensee or license applicanY' for reasons specified in that section. Valorie Jean Johnson is neither a licensee nor an applicant within the meaning of Section 310.05, so it is inappropriate to impose costs on her in this instance. Based on the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED: that the Saint Paul City Council AFFIRM the administrative pena{ty of $50.00 imposed on Va{orie Jean Johnson. � Dated this � day of October, 2001 Reported: Default (one tape) f � �\�>� RICH RD C. LUIS Admin+strative Law Judge MEMORANDUM The documents offered by the City and admitted to the record at the hearing indicate that the girl buying the package of cigarettes at the Savoy !nn on July 2, 2001 was only 15 years old at the time of the purchase, that the appropriate consent to the undercover operation had been granted by the girl and her parent, and that the Appellant was the person who sold the cigarettes. Absent any evidence to the contrary, the City has established the facts providing a basis for upholding the administrative penalty fine. No further penalty (imposition of costs) is recommended, because the City's Legislative Code authorizes the imposition of hearing costs, including the fee of the hearing examiner (ALJ), only on licensees and applicants for licensure. Ms. Johnson does not fall into either category. She was an employee of the 3 licensed establishment, and there is no indication that she had an ownership interest in the Savoy lnn. lt is clear that the sale of cigarettes to a minor fits square{y witfi one of the classes of ofEenses specified for which the Council may impose costs 3 Also, costs can be imposed if °the position, claim or defiense ofi the licensee or applicant was frivolous ... made in bad faith, or made for the purposes of delay ....s Ms. Johnson was assessed the administrative penalty applicable to individuals who have sold cigarettes to minors, pursuant to Minn. Stat. § 461.12, subd. 3. Administrative penalties against municipal tobacco licenses are treated separately, under subd. 2 of Minn. Stat. § 461.12. That dichotomy befinreen licenses and "persons" selling tobacco to anyone under the age of 18 is maintained in the City's Legislative Code, at Section 324.07, which provides that a licensee is subjected to the provisions of Section 310 of the Code if an individual "person" violates the prohibition against selling tobacco to minors. Section 310.05(k) allows for the imposition of contested hearing costs on licensees and license applicants, but not on individual violators. in order to impose costs on a person in Ms. Johnson's position, separate, specific authority must be present. Absent such a provision in statute or the City's Legislative Code, no +mposition of costs has been recommended. In this instance, the Notice of Hearing did not mention the possibility of an imposition of costs in the event of a failure to appear. Even if authority existed to impose costs on individual (non-licensed) violators, an issue would remain regarding proper notice of potential liability. It is noted that the tobacco licensee (Savoy inn) was assessed an administrative penalty for the same incident, but avoided the imposition of costs because it did not request a contested hearing before a hearing examiner. R.C.L. s 3 See St. Paul Legistative Code, at Section 310.05(k)(vii), which authorrces the imposition of costs if the violation involves the sale of cigarettes to a minor. ° St. Paul Legislative Code, Section 310.05(k)(i) (emphasis added). � STATE OF MiNNESOTA) ) ss COUNTY OF HENNEPiN) AFFIDAVIT OF SERVICE BY U.S. MAIL Michael W. Lewis , being first duly sworn, hereby deposes and says that on the 3rd day of October, 2001, at the City of Minneapolis, county and state aforementioned, he served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 7-6020-14452-6 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 Valorie Jean Johnson 401 Sibley Street, #72S St. Paul, MN 55101 Subscribed and sworn to before me this 3` day of October, �� 8'�'� � , Notary Public � , ( :` °, �VON REGqN 4`��.d,: MYCOMMISStON��,'CPj� JANUARY31.2005 2001. OFFICE OF THE CITY ATTORNEY Glayton M Robinson, Jc, Ctry Attorney CITY OF SAINT PAUL Norm Colemnn, Mayor ^'� CEi`�,��D Civil Division Qi ' (� 0 CiryNn11 F::: V `.) �ii�i � � � Wert Ketlogg Blvd. Saint P¢rcl, Minnuotn 5510? tlrlf j r �- � ` ..' I��r�.: �� i t Telepkone: 65/ 266-8710 F¢csimile: 651 298-i 6! 9 E1UgUSt 7, 2Q01 NOTICE OF HEARING Valorie Jean Johnson 461 Sibley Street, #728 Saint Paul, Minnesota 55101-2938 RE: Sale of cigarettes to a minor Dear Ms. Johnson: Please take notice that a hearing will be held at the following time, date and place concerning the administrative penalty assessed against you: Date: Thursday, September 13, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Keliogg Blvd. St. Paul, MN. 55102 �` �a The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Riclaard C. Luis Office of Administrative Iiearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Teleph on e: 612-349-2542 Evidence will be presented to the judge as follows: On July 2, 2001, an underage person entered the Savoy Inn located at 421 7` Street East and asked to purchase cigarettes. You were later identified as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the idenrification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that"an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." You have the right to be represented by an attomey before and during the hearing or you can represent yourself. 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 appiicable. 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 you or your attomey may cross- examine. You may then offer in rebuttal any witnesses or evidence you 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 that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If 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 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 madz and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can cail me at 266-8710. Very truly yours, �a�� 6 Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearinas, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Notice of Hearing - Page 3 ,. . , OFFICE OF ADMII�TISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Administrative Hearing For Valerie Jean Johnson CITY'S PROPOSED EXHIBITS September 13, 2001 TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Adminish Hearing on September 13, 2001. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Description Tobacco Compiiance Check Purchase Form, dated July 2, 2001 (2 pp.); Youth Consent Form, signed January 28, 2001 (1 p.); Parental Consent Form/Emergency Medical Consent Form, signed January 2$, 2001 (1 p.); Minnesota Identification Card (1 p.); Notice ofAdministrative Fine, dated July 18, 2001, with Affidavit of Service t PP�); Letter from Valorie Jean Johnson to Virginia Palmer, date stamped July 30, 2001 (1 p.); Notice of Hearing, dated August 7, 2001, with Affidavit of Service (4 pp.). Also attached please fmd courtesy copies of applicable St. Paul City ordinances: St. Paui Legislative Code § 310.05 St. Paul L,egislative Code § 310.06 St. Paul Legislative Code § 324.07 Minn. Stat. § 461.12 Minn. Stat. § 609.685 Respectfully submitted this 13th day of September, 2001. --�%�' �� Virgiri . Palmer Assistant City Attorney Office of The City Attorney 400 City Halt 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �Y_ r Tobacco Compliaace Check Purchase Form Case # SAVOYINN 421 7TH ST E ST PAUL, MN 55101-2433 License Type: License # Cigarettelio6acco 00161�8 Bnsiness Type: � Convenience � Convenience / Gas � Gas � Diug Store / Phazmacy � Tobacco / Smoke Shop � Supermazket / Grocery � Genexal Merchant �iquor Store /�esta ant �� Other (privarc club, bowimg, em.) �� Date: " � � I ", Time: � . J / a.m M M D D Y_Y Was purchase attempted? If NO, check reason: ` �Yes �No �Does not sell tobacco �UnsatisfacYory/unsafe conditions � Out of business � Other � After business hours � Not applicable Buyer �� AQe Sez Adult � �� Did adult or officer viewtr�ansaction? Use 3 ittitiZLs 15 �F��emal LTse 3 initials Yes or �� l. "'a" 17 W sale made? Was age as � � or No Yes oz o CITY OF SAIN'C PAUZ Norm Colemnn, Mayor OFFIC:: DF'.ICc`'•VSE, INSPECTONS .Ai�ID ENVQ20NM�71'AL P?20TECTtON Roger Curtrs, Dirertor LOWRYPROFESSIONALBUIIdJING Telephonc 651-266-9040 350StPrterStreet,Suite300 Faaimite: 651-2669Z24 Sain1 Pm+l, Minnerata SSIO2-I570 Web: ;vww.cistpauLmn.u,d(iep W� requested? W�D shown? or No Ye �or No Type �o product: Amount spent: � ��—P .�V+ � �.Cigarettes !tit- �tR_. � /�j d 0�/J Smokeless _Cigars _Other (cigarette papers, lighter, etc.) Type of purchase: S Service � erk assisted _Vending machine - Unlocked Location ofmachine _Vending machine - Locked Location of machine C3erkInformation: �'x'emale �Male Cuce¢se� $'-. . Approaimate Age: � Under 18 Actual age if known . - "Eiaiimm'a"E"P�ena[t}eS ` - _ - -=, ' _ - ,� - - - - Si�peusipa> ., IO'd�ys-acless � ��L1:Ta3.� ` ' � _ In Re the Administrative Hearing for Valorie Jean Johnson City's Exh. No. l � Y! y�/si`t� " .f Name of . .. � �� 2� � Date of Birth �� t �� !1� G �� JZ'72J FY ` �� Driver's License # or State L D.#: �� S a" �� f /`r�;� — Z �� OFr ICE OF LSCc ISE,12�'SPEC70NS AtiD IIQVIRONJiEY:ALPROTeCTION Robert Kessler, Director CITY OF SAII�IT �ALTL Nom Coteman, Mayor LOIYRYPROFESS16N.iL BUILD tNG Suiu 300 350 St Pe:u Stcrt Saint Pau7, Minnctota 55102-]510 Youth Consent Form Name• � _ �. _ .. I` Date of Buth: l�'( y� S _ Male _ v Female Address: . - - - •-.._--- Phor.e: ,l3t? —. - TetenGone: bl?-2b6-909p Facsimile: 612-266-9099 612-256-9124 lnsuucrions: Cazefully read each Iine below. Please ask quesrions about anything you'mi�ht not completely understand. Yovr si�narure indicates that you do understand and aze wilIing to abide by all the tecros of this agreement T understand that the pucpose of the comptiance checks is to assess the aurent saIe of tobacco and alcoboi to underage youtfi by attemptin� to purcfiase these products. I understand and agree that I am not to pursue or participate in any operarion relating to alleged tobacco or alcohol sales ti�iolarioas unless I am under the direct supervision of the City Qf St. Paul, Qffice of License, Inspections & Env'uonmental Pzotec6on's adult supervisor or the Saint Paul Police Department. I understand that snecific information about the unannounced compliance checks of tobacco and alcohol retail oudeu is confidenc'saI and a�cee that I wili not discuss outcames or details of speeifia inspections, including but not limited to: retail locations, retail staffmaking sales w undera�e buyers, and City of St. Paul, Office of License, Inspections & Environmental Protection's staff invotved in the compliance check unless d'uected by praject staff. i a�zee not to violate any laws or commit any crimes while pariicipafing in tmannounced compliance checks of retail tobacco and alcohol oudets. � I understand ihat if I violate any laws, except the one I am �ranfed immunity from, that I may be responsible for those violations. I a�ree to relinquish all tobacco and alcohol producu purchased as the resu]t of tfiese compliance checks, any chan�e and all uaused meney ro the adult supervisor. I undezstand tl�at an unannounced compliance check of tobacco or aicohol retail outlets wiL' con�er,ee a: :.`�e time I meet the designated adult supervisor for scfleduled operacions. I fiuther understand that each compliance check will be considezed tetminated at the time I exit the designated adult supervisor's vehicle at the eonclusion of 2he coxapliance check and data collecrion session. I bave participated in the �aining affered hy the Office of License, Inspecrions & Environmental Protectian and, adhere to the protocol established by the Office of Licease, Inspecdons & Environmental Prorecrion. /J Youth's Name (piease priat) �. � _� � Youth's Signatuze � Date JU.✓� Z� Z{�j � �,_-_ t��tl�Lt �- lucLvr-2a� PareadGuar 'an's Name (please print) Dare � Z � �OI /�� u E �C�i� � PazenUGua dian's Signanue e In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 2 OFFiCL' OF L:fE�S`c, ;\SpECT:O::S �SD E\V[RO\�tEVTnLPROTEC-(ON dobcrt Xessirr, Director �o c�f CI"rY�F'j�'-�jylTPt�(�Z., LOIf'RYPROFc'SSIO.Y3L3C�fLDLI'G Telc,�l:nr.e:51='_6fi-9090 A'v: r G/emcn, Stgror Saite 300 Fatsi.md:e: 51?-?56-SOS9 3JO St Pzter Street 61?-?669I?4 Salnt Pmd, .ifinnuo:a 5:70?-ISIO Parental Consent FormlEmergency �iedical Consent Form I do bereby give p:imission for my c!�ild L � to purchase tobacco and'or alcohol producu undez duect aduit supen during comnliancz checls of retaii outlzu, conducted by the City of St. Paul, Office of License, Irspectious & En��ronmzntal Procection and,'or the Saint Paul Potice Department to determine w<hether they aze in compIianct n•ith D4innesota Scamtes and Ciry Ordinances «•hich prolubits the sale of tobacco and alcohol producu to minors. I re]eue, discharse, and hold fiamiless the State of'�4innesota, iu agents, officers, and employees, the City of St. Paul, Office of License, Inspertio:u g En� Protection and the Saint Paul Police Department fram any actions and demands whauoever, whether joint or several, on all potzntial daims, actioas aad demands K•hatsoever, that now exist or may hereaftez e.cist, and inclvding xll.da;**�s, aciiors, demands ��hauoe�•er based on matters non• tmknown as well as ]aown, and unanricipated as well as anticipazed, in any mattez whatsoe�•er, directly or indirectly resulring or to result from acri��ry re�azding my child's in�•olvement in compFiance checks of the sale of tobacco and�or altohoI producss to minozs. A4y chi3d's sen•ices ue �•oluntary and zssumprion of risls of injury or harm aze accepted by the undersigned. T¢i��e my consent to Ha�•ing tfie abocc-signed panicipant treated by a physician or sur�eou at my expense in the case of a sudd�n iltness or m}ury n participaring in minor's tobacco purchasing suney acri��ities. If a personal physician is listed below, every effort nili be made to contad that physician. Howe�•er, I understand that the location of the activiry oz the nature of the ilIness oz injury may tequire t3ie use of emeraencp medical penonnel other than the pfiysician or medicai group listed below. Please procide tfie infacxnaaoabelo�r if applicable. PIease print 0 � In Re the Administrative Hearing for — Valorie Jean Johnson " City's Exh. No. 3 Signature of Parent �.�; ,: �lia'M��'i�oi�.n � � ��II01 215T BIHTH DATE: OCT-19-2008 1HIH BIHTt1 DATE: OGT-1¢200.3 RC - . 0.0.0.10.1Y�Mf R- � .,.,.E_,;- ' p'_ cuss: w orv�v ErypONSENEMS: MONE q�g1q�CSpNS. NONE IIII�IIIIIiIIIIIIIiIIIIIIIIIIII�iIIIIIIIIIIII �ESfIFAT10N E�M � e In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 4 ST PAUL, MN 55104 �� ` " � ' . OFFIC� THB CITY ATTORNEY Clnyton binson,Jc,CiryAttorney CITY OF SAINT PAUL c,�rrDr,.u,o„ Norm Co7emnn, Mayor 400 Ciry Hall Telephone: 651 Z66-8710 ISWestKel7oggBlvd. Facsimi1e:651298-5619 Saint Pa:el, Minnuom 5�10? i JUly Ic4� ZOQI NOTICE OF ADMINISTRATIVE FINE Valorie Jean 7ohnson 401 Sibley Street, #728 Saint Pau1, Mimiesota 55101 RE: Sale of cigarettes to a minor Dear Ms. Johnson: The Office of License, Inspections and Environmental Protection has determined that you aze subject to an administrative penalty of $50.00, pursuant to Minn. Stat. §461.12, subd3. The basis for this determination is as follows: Ou July 2, 2001, an underage person entered the Savoy Inn located at 421 7 Street East and asked to purchase cigarettes. You were later identified as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that "an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." If you wish to contest the fact that you sold tobacco to an individual under that age of i 8 years, you aze entitled to a hearing before an administrative law judge. If you wish to have such a hearing, please let me know in writing. You will then be sent a Notice ofHearing with the time, date and place of the hearing and the name of the administrative law judge who will preside, and a brief description of the procedures which will be followed at the hearing. If you do not wish to contest the fact that you sold tobacco to an individual under the a�e of 18 yeazs, you may send your payment of $50.00 to the Office of License, Inspections and Environmental Protection, 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota, 55102. In either case, please let me know in writing no later than Monday, July 30, 2001, how you wish to proceed. In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 5 � �--" i Page 2 Valorie Jean Johnson 7uly 18, 2001 • If you have any questions, please feel free to contact me at (651)266-8710. Sincerely, (/�C �iw`�"�' �� „� � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP - �_ � - • s STATE OF MINNESOTA ) ) ss. COUNTY OF RA.MSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 19, 2001, she served the attached NOTICE OF ADMINISTRATIVE FINE on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Valorie Jean Johnson 401 Sibley Street, #728 St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St �Paul, Minnesota. � /� „ / t� /! \ Subscribed and sworn to before me this 19th of July, 2001_ _ Notary Public PETER P. PANGBORN NOTARY?UBL�C- MiNNESOTA MY COdAMlSSpqN EXPSRES JAN.39, 2W5 � � va.lo�-%�i, jea.n.fa3�w�ao�v 401 S%�rley Street #728 Sa+�nt�au.7, Mi�n��ta�55101-2938 Vi,f^�i,v�iu.l7 �a.�.s�i'�.e�' I w'v��.to-requ.e��cvh�e.a.v�i� wi�. cv a�a�rn+,vu�"rat'we� la.w ju.d� i,rv t3� v�uitCer o f v�y v%o�a.t'�o f ata.tera�ncL c%ty cot��a: I wi,ZL I�i wait'� fcTr � r�o�i,c� Tha.�.]vYaw Va�a-%Q., jea.wJ��w►.ao-w 651.292.2740 ;� � s e, e V e� � � �.nl � �� _ In Re the Administrative Hearing for VaZarie Jean Johnson — City's Exh. No. 6 OFFIC THE CITY ATTORNEY , � C[ayton . inson, Jn, Ciry Attorney CITY OF SAINT PAUL Norm Colemrtn, Mrsy�or E�llgllSt 7, Z��l civitDivision 400 City Hn!! IS Wut Kellogg Blvd. Saini Paul, Minnesota 55102 NOTICE OF HEARING Valorie Jean 3ohnson 401 Sibley Street, #728 Saint Paul, Minnesota 55101-2938 RE: Sale of cigarettes to a minor Dear Ms. Johnson: Telephone: 651266-8710 Facsimile: 651 298-56f 9 Please take notice that a hearing will be held at the following time, date and place concerning the administrative penalty assessed against you: Date: Thursday, September 13, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 �Y The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Aearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 � In Re the Administrative Hearing for — Valorie Jean Johnson ° City's Exh. No. 7 .. � Evidence will be presented to the judge as follows: ` On July 2, 2001, an underage person entered the Savoy Inn located at 421 7` Street East and asked to purchase cigarettes. You were later identi£ed as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that "an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." You have the right to be represented by an attorney before and during the hearing or you can represent yourself. 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 thehearing, the Administrative Law 7udge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each ofwhom you or your attorney may cross- examine. You may then offer in rebuttal any witnesses or evidence you 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 outcotne 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,P'Law, and a specific recommendation for action to be taken by the City Council. You shouid 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 that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If 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 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. Notice of Hearing - Page 2 y , . . . • • If you have any questions, you can call me at 266-8710. V ery truly yours, �nc�� n � Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP �;; � Notice of Hearing - Page 3 ,- i � STATE OF MINNESOTA ) ) ss. COUNTY OF R1IMSEY ) AFFIDAVIT OF SERVICB BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 8, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Valorie Jean Johnson 401 Sibley Street, #728 St. Paul, MN. 55101 (which is the last known address of said person) depositinq the same, with postage prepaid, in the United States mails at St�i Minnesota. �� ,�., n � `� Subscribed and sworn to before me this 8th of ,A�ctqus� 2Q.Q1. � � �"'�'�R P �'�I�G80�� .� y� PETcR / r. , -�4 r NOtiARI' PUBUC - PI�iNNES4 �,�Y ti;a"�PAi� Notary Pu ic �`�� Ex�;��,sn�t.��,2c�5 ORIGINAL Presented By Referred To Council File # � � � �1 � n, PP., c�,oP, �� C� l� Committee: Date 2 3 RESOLVED, that the licensee, Eazl Schoenheider d/b/a Savoy Inn (License ID No. 4 15829), located at 421 East 7` Street in Saint Paul is hereby ordered to pay a fine of $200.00 for 5 the violation of the sale of tobacco or tobacco products to a minor. 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 Tobacco Compliance Check 13 Purchase Form, the July 17, 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: gy ��iUJ � � Form Appro d by Cit�orney By: Z �. Approved by Mayor for Submission to ie '_ . �r�� - - �� • •. . _ • �_ _ t , �j' �� ii . �. � 1"%/�/ ' ' ��/%%/%/ Adopted by Council: Date pp� Adoption Certified by Council Secretary DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 104272 O �•• r1� LIEP 3uly 24, 2001 CONTACT PERSON & PHONE: 71VR7Ai✓DATE INTIIALDnTE Virginia Palmer (266-8710) � DEP,+t� nm crrv courrcn. MUST BE ON COUNCII. AGENDA BY (DATE) �IGN —�'1 ATTORNEY _ CITY CLERK NUMBER ��CLSL SERV DIIL FINANCIAL SERVfACCTG Aug 22, 2001(public hearing) p� MAYOR(ORASST_) _CNILSERVICECOMMISSION ROl)TING ORDER TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) acrtox �QaESx�n: Adverse action against the Cigarette/Tobacco license held by Earl5choenheider d/b/a Savoy Inn located at 421 East 7`� Street ° RECOMMENDAIIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER TfiE FOLLOWING QUESTIONS: PLeWNING COMMISSION 1. Has this person/firm ever worked under a cont2c[ for this department? CIB COMMITTEE Yes No CNII. SERVICE COMMISSION 2. Has this person/firtn ever been a ciry emptoyee? Yes No 3. Aces this person�firtn possess a skill not nomtalty pos5essed by any curtent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTJATING PROBLEM, ISSUE, OPPORTUNTTY (Whq What, Wheq Where, Why): Earl Schoenheider d/bla Sauoy Inn failed July 2, 2001 cigarette compliance check. ADVANTAGESIFAPPROVED: Council action necessary to impose presumptive penalty for license violation. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for license violation. TOTAL AMOUNT OF 1RANSACTION: $ COST/REVENUE BUDGETEA: FIJNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAI� [HJSERS�PANGBORN�gernsAat-agarnte<o�ryriBwpd " — - ° " " —"_ _�' / Y. �u� � � zao� ► ..� ., CITY OF SAINT PAUL Norm Co[eman, Mayor July 24, 2001 OFFICE OF THE CITY ATTORNEY Ot � � C1ayTOn M. Robinson, Jr., City Attorney Civit Division 400CiryHa11 Telephone:6512658710 IS Wect Kellogg Blvd. Facsimile: 6S7 298-5619 Saint Paul, Minnesoto 55102 � g�agarch �er.irx NOTICE OF COL3NCIL HEARING �� + �3 �� Eazl Schoenheider Savoy Inn 421 East 7` Street Saint Paul, Minnesota 55101 RE: Cigazette/Tobacco License held by Earl Schoenheider d/b/a Savoy Inn for the premises located at 421 E. 7` Street in Saint Paul License ID #: 15829 Dear Mr. Schoenheider: 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 Hail and Ramsey County Cour[house. 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 hearing, an that the facts concerning the sale of cigarettes to an underage person have not been disputed. You will have an opportunity at the Council hearing to present oral andior written remarks as to the penalty, if any, to be imposed. The recommendation of the license office will be for $200.00 fine. If you have any questions, please call me at 266-8710. V ery truly yours, � �� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary 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� -r�� UNCONTESTED LlCENSE HEARING Licensee Name; Earl Schoenheider d/b!a Savoy Inn Address: 421 East 7 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 Comptiance Check Purchase Form 6. License information � E & V SCHOENHEIDER, INC. DBA Red's Savoy Pizza ° `' t �� 450 Gien Road S� Paul, MN 55119 July 17, 2001 Dear Virginia D. Palmer, This Letter is to inform you of our wish to have a public hearing before the council. While we are not disputing the facts we feel there are extenuating circumstances that need to be addressed. Our clerk checked the identificaton of the person buying cigarettes as she always does. She misread the date on the I.D. due to blurry vision caused by doctor prescribed medication. This particular clerk is meticulous at following the law for under aged alcohol and tobacco sales. We will be waiting for you to contact us on the hearing date. Sincerely, , � ° v' � Earl Schoenheider President E & V Schoenheider, Inc. Locadons: 421-23 East 7th Street • St. Paul, Minnesota 55101 Take-out & Delivery • 1993 Burns Avenue • St. Paul, Minnesota 55119 CITY OF SAINT PAUL Nornr Colemnn, Mn}�or JllIY I2� 2��1 OFFICE THE CITY ATTORNEY Clnyton M. rtobinson, Jr., City Attorney a�-r�t Civil Divis�ort 40QCityHall Telephone:651266-8710 15 Wes1 Ke1lopq Blyd. Facsimile: 651293-56l9 Saim Paul, hfinnuoln 55/0? NOTICE OF VIOLATION Earl Schoenheider Savoy Inn 421 East 7` Street Saint Paul, Minnesota 55101 M3� Cigarette/Tobacco License held by Earl Schoenheider d/b/a Savoy Inn for the premises located at 421 E. 7"' Street in Saint Paul License ID #: 15829 Dear Mr. Schoenheider: The Office of License, Inspections and Environmental Protection (LIEP) has recommended adverse action against the CigarettelTobacco license held by Earl Schoenheider dJbJa Savoy Inn £or the premises located at 421 E. 7"' Street in Saint Paul. The basis for the recommendation is as follows: On July 2, Z001, a tobacco compliance check �vas conducted at the premises of the Savoy Inn located at 42l E. 7`" Street in Saint Paul. A fifteen year old female entered the store and asked to buy cigarettes. She was asked to show identi�cation and did so. The identification correctly stated her date of birth. Nevertheless, the clerk sold her a package of Marlboro cigarettes. 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 public hearing, you �vill 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, Page 2 Earl Schoenheider July 12, 2001 '� t - t'1 l 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 entitied. 2 Alternatively, 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 requestin� a public hearing. We wiil 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 Administratice Law Judge. At that hearing both you and the City �vill be able to appear and. present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Counci] will ultimately decide the case. If this is your choice, please advise my legal 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 �•ou 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 separate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �/•�JcQ�t--� �^^c � � 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 ` 0�-F�l STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AEFIDAVIT OF SERVICE SY MAIL JOP.NNE G. CL.,MENTS, being first duly sworn, deposes and says that on Ju1y 17, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereo£ in an envelope addressed as follows: Earl Schoenheider Savoy Inn 421 East 7 Street St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 17th of Ju1y, 2Q�1. i3otary Public �.,.a.,4, ��7ER P. PANGgpRy s�s� t�TARY PUBLIC • MINNESOTP � .�$�' MY COMMlSSION "' ' EXPJRES JAN.31, 2005 x'�s'*+s��v,�—. � o� -r� c � � 0 x � W 0 y � � � O d V N a J O O N � � � O � Q- N C U > � J Q �_. R � O '� C C �p m w N � O V � J vi � N � m F- � N �p N N V J d � O 0 N N O � r Z N N U � J p - o N N 111 � � � � N 2 a^o V L� N � Z z? } � Q � � W 0 W S �Z �w �O Z = �U O � a¢ W �U C 7 � U i N � O N (6 � Q x W y c N � � � Z U O d m U C m � N C N � N Z C N � 0 U a� U C N 7 N C N � � 7 Z N C n , O M s � a N ^, m N a� ^ c m � � � F � � w � S � V X N 'C O � �� O N � N� 3 _ Y � N � UN � U lL U c o O U � C �[J � QN N � � j U � T � U � O�;Q O p (n Qao U �v ��o� yQ oo�U O O L N N � � O O � � � � N N O O -"� O_ OFFIC: OF i3C^iSE, INSPECTiONS FL�ID ENVIItON'N(EVTAL PRO'lEC?ION Q + �'11 Roger Cunis, Dirwos _ _ CTI'Y OF SAIIVT I'ALZ. Narm Calen+an, Mayor Case # SAVOY lNN 421 7TH S7 E ST PAUL, MN 55101-2433 License Type: License � Ci9arette/Tobacco �d�s»$ IAGI'RYPHOFESSIONALBUll1JMG Telephone: 657-266-9090 350StPeterStreet,Suite300 Faaimile: 651-266-91Z4 SaintPaul,Minnuata55I0bI5S0 W2L: W1t'1V.C23t()QitL1NLL2/(1¢p Tobacco Compliance Cher.k Purchase Form Bnsiness Type: � Convenience � Convenience / Gas � Gas � Dmg Store / Phazmacy � Tobacco / Smoke Shop � Supe�arket / Grocery � Genexal Mezchant �P.iquor Store /�esre an�� Other (p rivate cluh, bowling, etc.� Date: � � � / ") Time: � . � ( a.m M M D D Y.Y Was purchase attempted? If NO, check reason: �Yes �No �Does not sell tobacco �Unsatisfactory/unsafe conditions � Out of business � Other � Aftex business houis ONot applicable Buyer �� AQe Sez Adult � �� Did adnit or officer view�ansacfiou? Use 3 initials � �. . Use 3 initials Yes or ��' SG=�� 17 W sale made? Was age ask�? es or I3o Yes ot � Type of purchase: _S�f' Service v�lezk assisted _Vending machine - Unlocked Location of machine _Vending machine - Locked Location ofmachine Clerklnformation: �exnale ' f Lacensec; ' - _�. < _ . : ("ior..Q�e:. W ID requested? W� shown? �or No Yes�or No Type o product: Amount spent: $ ��. ��T _ igazettes !tit- �tu. h vo..c� _Smokeless _Ciga� _Other (cigarette papers, lighter, etc.) �Ma1e Approsimate Age: �Under 18 Actual age if knov� . ' � �ri?i�aU'?enaky$ � - " -- - - ' ... � .- � �� . ;� �11_to-3t;daya � ". � ,�"�".. ,. ... . 32davs.m.Y�vear . . _ �aYcrt�,eaz' =:� , . o t -t�� Name of �1 � �'� 11�� i'+ /Z�2.� Aate of Birth Address: 7d r l�� 7� Driver's License # or 5tate I. D.#: --7 J � �' � — � � f � / d ;�� "- Z�� 1�,.,� `�,,��. � ��; � �--� License �roup Comments TeM Licensee: EpRL SCHOENHEiDER DBA: SAVOY INN License #: 0015829 07f06/200'1 o-� -i l 07/0612001 To CAO for adverse adion. CAR 07/02/2007 Failed tobacco compliance check. Clerk was Valorie Jean Johnson, 401 Sibley St #728, 55101. First sale, 5200 matri� penalry. CAR o � -a�� t Adtlress 1 Licensee 1 CoMect � L�cense � CarcVwau i 1 TYPe- C PropertY � ��e C Lhoffidal � Atl street C: 27 SYree[ Narrse: TH Sheet Type: <41b . Direclion: <AU> ��- Und # �- Gty. WII� :v � M 16i18 t6119 0 990U05874 0 SAVOY INN INC SAVOY WN Cigarettelfabacc0 'kctive License Pf¢ked U711871997 04f3pl2002421 'LiquorOnSale-tl�Attive_ LiCenseP(intetl 02f1EfI99704f30f2002421 ,_ _ liquor On Ssle _ Su.ACtive License Prurted �271&I997 04IdOR002421 Matt Off S9le ".4ctive License PraRetl OZ778f1997 04730R007421 "'"_ " " ' .�..."_ "_" "__ ___ ... _ ""'_"" ' ' "'_" '" SAVOY INN INC SA�OV INN C arettelfabacco ,Canceletl ,0277211996 04flOp997421 J.4M14E5 FIAHERT'JAA4ES FLAHFRN FoOtl Menager Yanceletl_License Oefindion CarxeleC Wfi 7J1999 03l17R007 421 a�.�� TYPE ' ... �ry .. �� 'a . � Licensee ___ _ SCNOENh@10FR = DBA VOYPJN , _.. _., ., �fl. .� . Stre'e . _ . . ... . . . .. _.. � Lh•rnse � Licereee � Lic. TYP� , �anca � BorcJ � Raryvemerits � S[re� � G Property C` Licensee t' I.NOffiriel PraJectFa�IQffior. ASUNCION,CORNWF Dire�s '. Street C: 27 Pdverse Action Commer4s __ Unh ; �; Sreet Neme TH CdY. 9reet TYpe ST Dvectlan: � : Urvt ind: � Und #: � ' _ Crty: T PAUL � License GrOUp CommerdS ' Stale: v1N — Zip: 5570t �m6R�'i To CAO for adverse a[2ion. CAR � A2I2�01 Faied tabacrn complience check, perk was `� Ward. x'� �. gbrie Jean.bhnsan, 401 Sibiey St #728, 5510t. Rrst —' Dist CounGl � --- _ ale, $200 metrx Penaky. CAR ' � licensee: RL SCHOENHEDFR LiCensee � : DBA AVOY WN �m��S �A . Sales Tax Id 569226 Bus PMne: 65ll 227-0437 ' � Resteurarrt(B) R `11R211996 j 07N7f2002 N S450AQ .._�_'...."" . _ �_...._�_.'____._.'__---_" 1611E � � TotaL• $9d0,00t � # f I5829 . . .. . ,. Seve Chan9es to History � I��??1 . .. . . . �, � . . . . . � �t'� �. . _avn�n a21 �� - Licensee LSGiOETW9DF3i � T � f � � '�� DBA AVOYNBJ Strei � ) ._._'_._'..._.._ _.___ _. _- . y �'. License ��e`rsee � Lic. TYPas l_ Nsaaance t _9ond _' _' RCquiremeMS 1 ' Stre:, Licensee Name: PRL SCHOFNFI6DER - or .�::. , �__. . . _ , _. . , ._ _""' � ��'+s , p OBA AVOY WN " ' �' � . � SalesTaxkk 569226 .. (�brrpraf� � e �tu Unhi � �WarkersCamp: �A2l10U2' '�� .`� . AACOr#ractRec'tl: D�AOW AATrairungRec'd +�� CRY: �?A Fee Collectetl: OAON000 DlscourG ReCd �' O[her A en Licenses Fnanasl HNd REasons ENtie`��'?�k7t3E�u/ NW�l�.�$t� BeaS;an �.._� x ._ .. ._ :��.P��'",d�., �2 Maalicense To: � . �-�:�� `� � ' ., , . '� ' „�.. . � � C•�MaOTaCOMact� � BusinesSM{OOAOR7000AONONOOiSCHOEJFi9DFR_ EP.rd _ _ '(�$1)22T1437- '{'�jcenseAdNesS ' _ _ _ ' '_' � '_ _. . _ - Other 0924f199900lOONOOiFLAHERTY JAMES FOOD MANACe (_) __ �� _ __. .. "_"__'.""""__ _. __...._'_""_.:_'_'�._"'___ F `Matl Imoice To. — �' `� G. Ma0 Ta CorRSd i61'IF� � - o stzt'C`LiCenseAddressl Backgrrnmtl Check Requ'vEtl r o �-�� # h5829 .. . .. . . _. Seve Qten9es to FfistOry r � ' 1"� . . _... a : dp"�:s�.i 3t au October 3, 2001 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soutfi Minneapolis, Minnesota 55401-2138 7ELEPHONE: (612) 341-76W TTY: (612) 341-7346 Fred Owusu, City C(erk City of St. Paul 170 City Hall 15 West Ke{logg Slvd. St. Paul, MN 55102 RE: In the Matter of the Administrative Hearing for Vaiorie Jean Johnson; OAH Docket No. 7-602Q-14452-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is the o�ciaf record, including the tape recording of the hearing. Our file in this matter is now being closed. Sincerel MICHAEL W. LE Staff Attorney Telephone: 612/341-7610 MWL cc: Virginia D. Palmer, Asst. City Attorney wlRecommendation Valorie Jean Johnson wlRecommendation Providing Impartial Hearings for Govemment and Citizens An Equal Opportunity Employer �lministrative Law Division & Administrative Services Workers' Compensation Hearings Division Workers' Compensation Settlem. acsimile: (612) 34s-2665 Facsimile: (st2) 349-26s1 Facsimile: (612) 349-2634 7-6020-14452-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL in the Matter of the Administrative Hearing for Valorie Jean Johnson FINDINGS OF FACT, CONGLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge (AtJ) Richard C. tuis, serving as hearing examiner for the Saint Paul City Council, commencing at 9:30 a.m. on September 13, 2001 in Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota. The record closed upon adjournment of the hearing on the same day. Virginia D. Palmer, Assistant City Attorney, 400W City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the St. Paul Office of License Inspections and Environmental Protection ("City"). There was no appearance by or on behaif of Valorie Jean Johnson ("Appeilant"). NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject ar modify the Findings of Fact, Conclusions and Recommendation in this repork. Pursuant to Section 310.05 of the Sa+nt Paul Legislative Code, the City Counci{'s final decision shal{ not be made until this fteport has been made available to the parties to the proceeding and the Appeflant has been provided an opportunity to present oral or written arguments alleging error on the part of the Administrative Law Judge in the application of the faw or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties should contact Fred Owusu, St. Paul City Clerk, 170 City Hall, Saint Paul, MN 55102, to inquire about presenting argument to the Council. STATEMENT OFISSUES 1. Whether it is appropriate to a�rm the administrat+ve penalty of $50.00 imposed on Vaforie Jean Johnson for selling cigarettes to a person under 18 years of age; and 2. Whether it is appropriate to impose on Valorie Jean Johnson some or all of the costs of this contested hearing. Based on all of fhe proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. On August 8, 2001, a Notice of Hearing in this matfer was mailed to the Appellant, Valorie Jean Johnson, at her last known address {401 Sibley Street, #728, St. Pau{, MN 55141).� The address is the same that was given by Ms. Johnson in her appeaf letter in this matter, filed with the City Attorney's Office on July 30, 2001. The Notice of Hearing has not been returned. 2. The first sentence of the final paragraph on page 2 ofi the Notice of Hearing in this matter reads: "If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true." 3. The Notice of Hearing alleges, at the top of page 2, that on July 2, 2001, Ms. Johnson, the clerk behind the counter at the Savoy Inn, 421 Seventh Street East, sold a package of cigarettes to an underage person, even though the identification the buyer showed gave the minor's correct age. 4. The Appellant did not appear at the hearing on September 13, 2001, nor did anyone appear on her behalf. She made no prehearing request for a continuance and made no other contact regarding the Notice of Hearing with the ALJ or the City. As a result, she is in default in this matter. 5. The allegations in the Notice of Hearing are taken as true, deemed proved and are incorporated into these Findings by reference. Based on the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 461.12, subd. 3. 2. Any of the above Findings of Fact more properly termed Conclusions are hereby incorporated as such. 3. The City gave Valorie Jean Johnson timely and proper notice of the hearing in this matter by serving her by mail on August 8, 2001. 4. Valorie Jean Johnson has violated Minn. Stat. § 609.685, subd. 1a and Section 324.07 of the St. Paul Legislative Gode by selling tobacco (a package of cigarettes) to a minor, even though the identification shown by the minor gave the minor's correct age, on July 2, 2001. ' City's Exhibit 7. 2 City's Exhibit 6. 2 5. Under Minn. Stat. § 461.12, an individual who sells tobacco to a person under the age of eighteen years must be charged an administrative penalty of $50.00. {t is appropriate in this instance to impose an administrative penalty of $50.00 against Valorie Jean Johnson, for violation of the statutory and City ordinance prohibitions against selling tobacco to a minor. 6. The St. Paul Legislative Code, at Section 310.05(k) authorizes the Councii to impose the costs of a contested hearing on a"licensee or license applicanY' for reasons specified in that section. Valorie Jean Johnson is neither a licensee nor an applicant within the meaning of Section 310.05, so it is inappropriate to impose costs on her in this instance. Based on the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED: that the Saint Paul City Council AFFIRM the administrative pena{ty of $50.00 imposed on Va{orie Jean Johnson. � Dated this � day of October, 2001 Reported: Default (one tape) f � �\�>� RICH RD C. LUIS Admin+strative Law Judge MEMORANDUM The documents offered by the City and admitted to the record at the hearing indicate that the girl buying the package of cigarettes at the Savoy !nn on July 2, 2001 was only 15 years old at the time of the purchase, that the appropriate consent to the undercover operation had been granted by the girl and her parent, and that the Appellant was the person who sold the cigarettes. Absent any evidence to the contrary, the City has established the facts providing a basis for upholding the administrative penalty fine. No further penalty (imposition of costs) is recommended, because the City's Legislative Code authorizes the imposition of hearing costs, including the fee of the hearing examiner (ALJ), only on licensees and applicants for licensure. Ms. Johnson does not fall into either category. She was an employee of the 3 licensed establishment, and there is no indication that she had an ownership interest in the Savoy lnn. lt is clear that the sale of cigarettes to a minor fits square{y witfi one of the classes of ofEenses specified for which the Council may impose costs 3 Also, costs can be imposed if °the position, claim or defiense ofi the licensee or applicant was frivolous ... made in bad faith, or made for the purposes of delay ....s Ms. Johnson was assessed the administrative penalty applicable to individuals who have sold cigarettes to minors, pursuant to Minn. Stat. § 461.12, subd. 3. Administrative penalties against municipal tobacco licenses are treated separately, under subd. 2 of Minn. Stat. § 461.12. That dichotomy befinreen licenses and "persons" selling tobacco to anyone under the age of 18 is maintained in the City's Legislative Code, at Section 324.07, which provides that a licensee is subjected to the provisions of Section 310 of the Code if an individual "person" violates the prohibition against selling tobacco to minors. Section 310.05(k) allows for the imposition of contested hearing costs on licensees and license applicants, but not on individual violators. in order to impose costs on a person in Ms. Johnson's position, separate, specific authority must be present. Absent such a provision in statute or the City's Legislative Code, no +mposition of costs has been recommended. In this instance, the Notice of Hearing did not mention the possibility of an imposition of costs in the event of a failure to appear. Even if authority existed to impose costs on individual (non-licensed) violators, an issue would remain regarding proper notice of potential liability. It is noted that the tobacco licensee (Savoy inn) was assessed an administrative penalty for the same incident, but avoided the imposition of costs because it did not request a contested hearing before a hearing examiner. R.C.L. s 3 See St. Paul Legistative Code, at Section 310.05(k)(vii), which authorrces the imposition of costs if the violation involves the sale of cigarettes to a minor. ° St. Paul Legislative Code, Section 310.05(k)(i) (emphasis added). � STATE OF MiNNESOTA) ) ss COUNTY OF HENNEPiN) AFFIDAVIT OF SERVICE BY U.S. MAIL Michael W. Lewis , being first duly sworn, hereby deposes and says that on the 3rd day of October, 2001, at the City of Minneapolis, county and state aforementioned, he served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 7-6020-14452-6 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 Valorie Jean Johnson 401 Sibley Street, #72S St. Paul, MN 55101 Subscribed and sworn to before me this 3` day of October, �� 8'�'� � , Notary Public � , ( :` °, �VON REGqN 4`��.d,: MYCOMMISStON��,'CPj� JANUARY31.2005 2001. OFFICE OF THE CITY ATTORNEY Glayton M Robinson, Jc, Ctry Attorney CITY OF SAINT PAUL Norm Colemnn, Mayor ^'� CEi`�,��D Civil Division Qi ' (� 0 CiryNn11 F::: V `.) �ii�i � � � Wert Ketlogg Blvd. Saint P¢rcl, Minnuotn 5510? tlrlf j r �- � ` ..' I��r�.: �� i t Telepkone: 65/ 266-8710 F¢csimile: 651 298-i 6! 9 E1UgUSt 7, 2Q01 NOTICE OF HEARING Valorie Jean Johnson 461 Sibley Street, #728 Saint Paul, Minnesota 55101-2938 RE: Sale of cigarettes to a minor Dear Ms. Johnson: Please take notice that a hearing will be held at the following time, date and place concerning the administrative penalty assessed against you: Date: Thursday, September 13, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Keliogg Blvd. St. Paul, MN. 55102 �` �a The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Riclaard C. Luis Office of Administrative Iiearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Teleph on e: 612-349-2542 Evidence will be presented to the judge as follows: On July 2, 2001, an underage person entered the Savoy Inn located at 421 7` Street East and asked to purchase cigarettes. You were later identified as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the idenrification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that"an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." You have the right to be represented by an attomey before and during the hearing or you can represent yourself. 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 appiicable. 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 you or your attomey may cross- examine. You may then offer in rebuttal any witnesses or evidence you 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 that this matter can be resolved or settled without a formal hearing, please contact or have your attomey contact the undersigned. If 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 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 madz and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can cail me at 266-8710. Very truly yours, �a�� 6 Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearinas, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Notice of Hearing - Page 3 ,. . , OFFICE OF ADMII�TISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Administrative Hearing For Valerie Jean Johnson CITY'S PROPOSED EXHIBITS September 13, 2001 TO: Judge Richard C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Adminish Hearing on September 13, 2001. Exhibit No. Exh. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Description Tobacco Compiiance Check Purchase Form, dated July 2, 2001 (2 pp.); Youth Consent Form, signed January 28, 2001 (1 p.); Parental Consent Form/Emergency Medical Consent Form, signed January 2$, 2001 (1 p.); Minnesota Identification Card (1 p.); Notice ofAdministrative Fine, dated July 18, 2001, with Affidavit of Service t PP�); Letter from Valorie Jean Johnson to Virginia Palmer, date stamped July 30, 2001 (1 p.); Notice of Hearing, dated August 7, 2001, with Affidavit of Service (4 pp.). Also attached please fmd courtesy copies of applicable St. Paul City ordinances: St. Paui Legislative Code § 310.05 St. Paul L,egislative Code § 310.06 St. Paul Legislative Code § 324.07 Minn. Stat. § 461.12 Minn. Stat. § 609.685 Respectfully submitted this 13th day of September, 2001. --�%�' �� Virgiri . Palmer Assistant City Attorney Office of The City Attorney 400 City Halt 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �Y_ r Tobacco Compliaace Check Purchase Form Case # SAVOYINN 421 7TH ST E ST PAUL, MN 55101-2433 License Type: License # Cigarettelio6acco 00161�8 Bnsiness Type: � Convenience � Convenience / Gas � Gas � Diug Store / Phazmacy � Tobacco / Smoke Shop � Supermazket / Grocery � Genexal Merchant �iquor Store /�esta ant �� Other (privarc club, bowimg, em.) �� Date: " � � I ", Time: � . J / a.m M M D D Y_Y Was purchase attempted? If NO, check reason: ` �Yes �No �Does not sell tobacco �UnsatisfacYory/unsafe conditions � Out of business � Other � After business hours � Not applicable Buyer �� AQe Sez Adult � �� Did adult or officer viewtr�ansaction? Use 3 ittitiZLs 15 �F��emal LTse 3 initials Yes or �� l. "'a" 17 W sale made? Was age as � � or No Yes oz o CITY OF SAIN'C PAUZ Norm Colemnn, Mayor OFFIC:: DF'.ICc`'•VSE, INSPECTONS .Ai�ID ENVQ20NM�71'AL P?20TECTtON Roger Curtrs, Dirertor LOWRYPROFESSIONALBUIIdJING Telephonc 651-266-9040 350StPrterStreet,Suite300 Faaimite: 651-2669Z24 Sain1 Pm+l, Minnerata SSIO2-I570 Web: ;vww.cistpauLmn.u,d(iep W� requested? W�D shown? or No Ye �or No Type �o product: Amount spent: � ��—P .�V+ � �.Cigarettes !tit- �tR_. � /�j d 0�/J Smokeless _Cigars _Other (cigarette papers, lighter, etc.) Type of purchase: S Service � erk assisted _Vending machine - Unlocked Location ofmachine _Vending machine - Locked Location of machine C3erkInformation: �'x'emale �Male Cuce¢se� $'-. . Approaimate Age: � Under 18 Actual age if known . - "Eiaiimm'a"E"P�ena[t}eS ` - _ - -=, ' _ - ,� - - - - Si�peusipa> ., IO'd�ys-acless � ��L1:Ta3.� ` ' � _ In Re the Administrative Hearing for Valorie Jean Johnson City's Exh. No. l � Y! y�/si`t� " .f Name of . .. � �� 2� � Date of Birth �� t �� !1� G �� JZ'72J FY ` �� Driver's License # or State L D.#: �� S a" �� f /`r�;� — Z �� OFr ICE OF LSCc ISE,12�'SPEC70NS AtiD IIQVIRONJiEY:ALPROTeCTION Robert Kessler, Director CITY OF SAII�IT �ALTL Nom Coteman, Mayor LOIYRYPROFESS16N.iL BUILD tNG Suiu 300 350 St Pe:u Stcrt Saint Pau7, Minnctota 55102-]510 Youth Consent Form Name• � _ �. _ .. I` Date of Buth: l�'( y� S _ Male _ v Female Address: . - - - •-.._--- Phor.e: ,l3t? —. - TetenGone: bl?-2b6-909p Facsimile: 612-266-9099 612-256-9124 lnsuucrions: Cazefully read each Iine below. Please ask quesrions about anything you'mi�ht not completely understand. Yovr si�narure indicates that you do understand and aze wilIing to abide by all the tecros of this agreement T understand that the pucpose of the comptiance checks is to assess the aurent saIe of tobacco and alcoboi to underage youtfi by attemptin� to purcfiase these products. I understand and agree that I am not to pursue or participate in any operarion relating to alleged tobacco or alcohol sales ti�iolarioas unless I am under the direct supervision of the City Qf St. Paul, Qffice of License, Inspections & Env'uonmental Pzotec6on's adult supervisor or the Saint Paul Police Department. I understand that snecific information about the unannounced compliance checks of tobacco and alcohol retail oudeu is confidenc'saI and a�cee that I wili not discuss outcames or details of speeifia inspections, including but not limited to: retail locations, retail staffmaking sales w undera�e buyers, and City of St. Paul, Office of License, Inspections & Environmental Protection's staff invotved in the compliance check unless d'uected by praject staff. i a�zee not to violate any laws or commit any crimes while pariicipafing in tmannounced compliance checks of retail tobacco and alcohol oudets. � I understand ihat if I violate any laws, except the one I am �ranfed immunity from, that I may be responsible for those violations. I a�ree to relinquish all tobacco and alcohol producu purchased as the resu]t of tfiese compliance checks, any chan�e and all uaused meney ro the adult supervisor. I undezstand tl�at an unannounced compliance check of tobacco or aicohol retail outlets wiL' con�er,ee a: :.`�e time I meet the designated adult supervisor for scfleduled operacions. I fiuther understand that each compliance check will be considezed tetminated at the time I exit the designated adult supervisor's vehicle at the eonclusion of 2he coxapliance check and data collecrion session. I bave participated in the �aining affered hy the Office of License, Inspecrions & Environmental Protectian and, adhere to the protocol established by the Office of Licease, Inspecdons & Environmental Prorecrion. /J Youth's Name (piease priat) �. � _� � Youth's Signatuze � Date JU.✓� Z� Z{�j � �,_-_ t��tl�Lt �- lucLvr-2a� PareadGuar 'an's Name (please print) Dare � Z � �OI /�� u E �C�i� � PazenUGua dian's Signanue e In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 2 OFFiCL' OF L:fE�S`c, ;\SpECT:O::S �SD E\V[RO\�tEVTnLPROTEC-(ON dobcrt Xessirr, Director �o c�f CI"rY�F'j�'-�jylTPt�(�Z., LOIf'RYPROFc'SSIO.Y3L3C�fLDLI'G Telc,�l:nr.e:51='_6fi-9090 A'v: r G/emcn, Stgror Saite 300 Fatsi.md:e: 51?-?56-SOS9 3JO St Pzter Street 61?-?669I?4 Salnt Pmd, .ifinnuo:a 5:70?-ISIO Parental Consent FormlEmergency �iedical Consent Form I do bereby give p:imission for my c!�ild L � to purchase tobacco and'or alcohol producu undez duect aduit supen during comnliancz checls of retaii outlzu, conducted by the City of St. Paul, Office of License, Irspectious & En��ronmzntal Procection and,'or the Saint Paul Potice Department to determine w<hether they aze in compIianct n•ith D4innesota Scamtes and Ciry Ordinances «•hich prolubits the sale of tobacco and alcohol producu to minors. I re]eue, discharse, and hold fiamiless the State of'�4innesota, iu agents, officers, and employees, the City of St. Paul, Office of License, Inspertio:u g En� Protection and the Saint Paul Police Department fram any actions and demands whauoever, whether joint or several, on all potzntial daims, actioas aad demands K•hatsoever, that now exist or may hereaftez e.cist, and inclvding xll.da;**�s, aciiors, demands ��hauoe�•er based on matters non• tmknown as well as ]aown, and unanricipated as well as anticipazed, in any mattez whatsoe�•er, directly or indirectly resulring or to result from acri��ry re�azding my child's in�•olvement in compFiance checks of the sale of tobacco and�or altohoI producss to minozs. A4y chi3d's sen•ices ue �•oluntary and zssumprion of risls of injury or harm aze accepted by the undersigned. T¢i��e my consent to Ha�•ing tfie abocc-signed panicipant treated by a physician or sur�eou at my expense in the case of a sudd�n iltness or m}ury n participaring in minor's tobacco purchasing suney acri��ities. If a personal physician is listed below, every effort nili be made to contad that physician. Howe�•er, I understand that the location of the activiry oz the nature of the ilIness oz injury may tequire t3ie use of emeraencp medical penonnel other than the pfiysician or medicai group listed below. Please procide tfie infacxnaaoabelo�r if applicable. PIease print 0 � In Re the Administrative Hearing for — Valorie Jean Johnson " City's Exh. No. 3 Signature of Parent �.�; ,: �lia'M��'i�oi�.n � � ��II01 215T BIHTH DATE: OCT-19-2008 1HIH BIHTt1 DATE: OGT-1¢200.3 RC - . 0.0.0.10.1Y�Mf R- � .,.,.E_,;- ' p'_ cuss: w orv�v ErypONSENEMS: MONE q�g1q�CSpNS. NONE IIII�IIIIIiIIIIIIIiIIIIIIIIIIII�iIIIIIIIIIIII �ESfIFAT10N E�M � e In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 4 ST PAUL, MN 55104 �� ` " � ' . OFFIC� THB CITY ATTORNEY Clnyton binson,Jc,CiryAttorney CITY OF SAINT PAUL c,�rrDr,.u,o„ Norm Co7emnn, Mayor 400 Ciry Hall Telephone: 651 Z66-8710 ISWestKel7oggBlvd. Facsimi1e:651298-5619 Saint Pa:el, Minnuom 5�10? i JUly Ic4� ZOQI NOTICE OF ADMINISTRATIVE FINE Valorie Jean 7ohnson 401 Sibley Street, #728 Saint Pau1, Mimiesota 55101 RE: Sale of cigarettes to a minor Dear Ms. Johnson: The Office of License, Inspections and Environmental Protection has determined that you aze subject to an administrative penalty of $50.00, pursuant to Minn. Stat. §461.12, subd3. The basis for this determination is as follows: Ou July 2, 2001, an underage person entered the Savoy Inn located at 421 7 Street East and asked to purchase cigarettes. You were later identified as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that "an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." If you wish to contest the fact that you sold tobacco to an individual under that age of i 8 years, you aze entitled to a hearing before an administrative law judge. If you wish to have such a hearing, please let me know in writing. You will then be sent a Notice ofHearing with the time, date and place of the hearing and the name of the administrative law judge who will preside, and a brief description of the procedures which will be followed at the hearing. If you do not wish to contest the fact that you sold tobacco to an individual under the a�e of 18 yeazs, you may send your payment of $50.00 to the Office of License, Inspections and Environmental Protection, 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota, 55102. In either case, please let me know in writing no later than Monday, July 30, 2001, how you wish to proceed. In Re the Administrative Hearing for — Valorie Jean Johnson — City's Exh. No. 5 � �--" i Page 2 Valorie Jean Johnson 7uly 18, 2001 • If you have any questions, please feel free to contact me at (651)266-8710. Sincerely, (/�C �iw`�"�' �� „� � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP - �_ � - • s STATE OF MINNESOTA ) ) ss. COUNTY OF RA.MSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on July 19, 2001, she served the attached NOTICE OF ADMINISTRATIVE FINE on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Valorie Jean Johnson 401 Sibley Street, #728 St. Paul, MN. 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St �Paul, Minnesota. � /� „ / t� /! \ Subscribed and sworn to before me this 19th of July, 2001_ _ Notary Public PETER P. PANGBORN NOTARY?UBL�C- MiNNESOTA MY COdAMlSSpqN EXPSRES JAN.39, 2W5 � � va.lo�-%�i, jea.n.fa3�w�ao�v 401 S%�rley Street #728 Sa+�nt�au.7, Mi�n��ta�55101-2938 Vi,f^�i,v�iu.l7 �a.�.s�i'�.e�' I w'v��.to-requ.e��cvh�e.a.v�i� wi�. cv a�a�rn+,vu�"rat'we� la.w ju.d� i,rv t3� v�uitCer o f v�y v%o�a.t'�o f ata.tera�ncL c%ty cot��a: I wi,ZL I�i wait'� fcTr � r�o�i,c� Tha.�.]vYaw Va�a-%Q., jea.wJ��w►.ao-w 651.292.2740 ;� � s e, e V e� � � �.nl � �� _ In Re the Administrative Hearing for VaZarie Jean Johnson — City's Exh. No. 6 OFFIC THE CITY ATTORNEY , � C[ayton . inson, Jn, Ciry Attorney CITY OF SAINT PAUL Norm Colemrtn, Mrsy�or E�llgllSt 7, Z��l civitDivision 400 City Hn!! IS Wut Kellogg Blvd. Saini Paul, Minnesota 55102 NOTICE OF HEARING Valorie Jean 3ohnson 401 Sibley Street, #728 Saint Paul, Minnesota 55101-2938 RE: Sale of cigarettes to a minor Dear Ms. Johnson: Telephone: 651266-8710 Facsimile: 651 298-56f 9 Please take notice that a hearing will be held at the following time, date and place concerning the administrative penalty assessed against you: Date: Thursday, September 13, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 �Y The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Aearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 � In Re the Administrative Hearing for — Valorie Jean Johnson ° City's Exh. No. 7 .. � Evidence will be presented to the judge as follows: ` On July 2, 2001, an underage person entered the Savoy Inn located at 421 7` Street East and asked to purchase cigarettes. You were later identi£ed as the clerk behind the counter. The individual was able to purchase a package of cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Minn. Stat. §461.12 states that "an individual who sells tobacco to a person under the age of 18 years must be charged an administrative penalty of $50.00." You have the right to be represented by an attorney before and during the hearing or you can represent yourself. 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 thehearing, the Administrative Law 7udge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each ofwhom you or your attorney may cross- examine. You may then offer in rebuttal any witnesses or evidence you 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 outcotne 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,P'Law, and a specific recommendation for action to be taken by the City Council. You shouid 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 that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If 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 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. Notice of Hearing - Page 2 y , . . . • • If you have any questions, you can call me at 266-8710. V ery truly yours, �nc�� n � Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP �;; � Notice of Hearing - Page 3 ,- i � STATE OF MINNESOTA ) ) ss. COUNTY OF R1IMSEY ) AFFIDAVIT OF SERVICB BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 8, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Valorie Jean Johnson 401 Sibley Street, #728 St. Paul, MN. 55101 (which is the last known address of said person) depositinq the same, with postage prepaid, in the United States mails at St�i Minnesota. �� ,�., n � `� Subscribed and sworn to before me this 8th of ,A�ctqus� 2Q.Q1. � � �"'�'�R P �'�I�G80�� .� y� PETcR / r. , -�4 r NOtiARI' PUBUC - PI�iNNES4 �,�Y ti;a"�PAi� Notary Pu ic �`�� Ex�;��,sn�t.��,2c�5