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02-656ORIGI�IAL PAU L, Presented By Referred To Council File # ��� `5` Sheet # .100 e�1. (.O Committee: Date IO RESOLVED, that the Licensee, Gene R. 7osephs d/b/a Joseph's Mazket (License ID No. 0016923), located at 736 Oakdale Avenue in Saint Paul is hereby ordered to pay a fine of $400.00 for the May 15, 2002 violation of the sale of tobacco or tobacco products to a minor; and FURTHER RESOLVED, that the Licensee is hereby ordered to pay an additional fine of $100.00 pwsuant to Council File #O1-726, for failing to abide by the condition imposed by the City Council on July 11, 2001, following a hearing for a first violation in which the City Council stayed half of the recommended fine on condition that the licensee have no further violations of the sale of tobacco or tobacco products to a minor during the next 12 months. Said total fine of $500.00 shall be paid to the Office of License, Inspections and Environmental Protection within tkrirty (30) days of the adoption of this resolution by the Council and signature by the Mayar. This resolution and the action ofthe Council in this matter are based upon the facts contained in the May 22, 2002 Notice of Violation letter to the licensee and the May 15, 2002 Tobacco Compliance Check Purchase Form. The licensee did not respond to the Notice of Violation letter. ���� r �� Requested by Department of: By : C��-�..G�.� � ' `O�l � Form Approved by City Adopted by Council: Date �� Adoption CFyrtified by Council Se tary BY� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 200260 LIEP June 27, 2002 ' O"�.- LS�. CONTACT PERSON & PHONE: / IN11'IAI✓DATE INiI'IAI✓DATE Virginia Palmer (266-8710) � ✓ Dm. G crr�r coortcu. MI15T BE ON COUNCII. AGENDA BY (DATE) �SIGN !21TZ' ATrORNEY� _ CITY CLERK NUMBER ��+NCIAL SERV D FINANCIAI. SERV/ACCTG JUI}' Z4 2002 (consent) FOR MAYOR (ORASS'I.) _ CNII. SERVICE COMMISSION ROUTING ORDER TOTAL # OF SIGNA'P[7RE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE) ncTiox xEQuESrEn: Adverse action against the Cigazette/Tobacco license held by Gene R. 7osephs, d/b/a Joseph's Mazket, located at 736 Oakdale Avenue � REWMMENDATIONS: Apprwe (A) or Rejec[ (R) PERSONAI. SERVICE CONTRACTS MUST AIYSWER THE FOLLOWING QUESTIONS: . P1,P.NNING COMMISSION I. Has this person/firm ever worked under a contract for this department? CIB COMMITTEE Yes No CNII, SERVICE COMMISSION 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/firtn possess a skill not nortnally possessed by any wrrent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTIJNII'P (Who, What, When, Where, Why): Gene R. Josephs, d/b/a 7oseph's Market, failed May 22, 2002 cigarette compliance checks. ADVANTAGESIFAPPROVED: Council action necessary to enforce penalty far license violation. DISADVANTAGES IF APPROVED: None. DISADVANTAGES IF NOT APPROVED: No penalty will be imposed for license violation. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNITY NUMBER: FINAIVCIAL INFORMATION: (EXPLAIN) �_ I\USERSPANGBONN��genvsM1ea - dgarette mrt�l B wpd � �Aewes�g ��maov.L. P,nnFn> �ov�awn e aouvati.fa uc>>>+w ♦ � i: V fi "`' — .,a6„»,.,,�.�___. 6�.-05� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Hearing Date Gene R. Josephs d/b/a Joseph's Market 736 Oakdale Avenue Wednesday, July 24, 2002 Violation: Sale of Cigarettes to a Minor Minn. Stat. § 609.685 St. Paul Legislative Code § 324.07 Date of Violation Place: Presumptive Penalty: May 15, 2002 Licensed Premises $400.00 Fine Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 fine comprised of: $400.00 fine (second offense) plus $100.00 fine stayed by Council on July 11, 2001 (first offense) Attachments: 1. Proposed resolution 2. Notice of Violation 3. Council File #01-726 4. License Information Report 5. Tobacco Compliance Check Purchase Form 6. License information AA-ADA-EEO Employer � ORIGINAL Presented By Refened To i�,. l ww,� �' b 6 C 1`� ��M�Y� � — �1 wW, � o i.c.s 5. ,�\�� � Council FIle # p\�^�(� Green Sheet # �_1.� '�� � Committee: Date 2 3 4 6 7 9 10 11 12 13 14 RESOLVED, that the licensee, Gene R. Josephs d/b/a Joseph's Mazket (License ID No. 16923), located at 736 Oakdale Avenue in Saint Paul is hereby ordered to pay a fine of $200.00� for the violation of the sale of tobacco or tobacco roducts to a minor. 5 ,�, � ����s—�!'°O ��� P � .1 � -�. ,. i a >,.o,. c � U, � i _ �. �`'•- _�_ Said fine shall be paid to the Office of License, Inspections and Environmenta rotec ion within thirty (30) days of the adoption of this resolution by the Council and signature by the Mayor. This resolution and the action of the Council in this matter are based upon the facts contained in the Notice of Violation letter to the licensee, the May 1, 2001 letter from the licensee, and such arguments as may have been presented to the Council at the public hearing. The facts were not contested by the licensee. Requested by Department of: Adopted by Council: Date p 1 Adoption Certified by Council Secretary B Y = ��._�� � Approved by Mayor: Date �!!J z y��� By. � BY� � �� �"'-iJ"' Fornt Aporoved by City At ey BY= � Approved by ayor for Submission to Council By: CITY OF SAINT PAUL R¢rtdy C. Kefly, Mnyor JUT1C 2,7� 2��2 OFFICE OF THE CITY ATTORNEY OZ-LS�o Mnnuel J. Cervantes, CiryAnorney civit Division 400CiryHall Telephorte:651266-8710 lSWutKe1[oggBlvd. Fncsimile:651298-5619 Saint Paul, Minrtesaln 55102 NOTICE OF COUNCIL MEETING Gene R. Josephs Joseph's Market 736 Oakdale Avenue Saint Paul, Minnesota 55107 RE: Cigarette/Tobacco License heid by Gene R. Josephs d/b/a Joseph's Mazket for the premises located at 736 Oakdale Avenue in Saint Paul License ID #: 16923 Dear Mr. Josephs: Please take notice that this matter has been set on the Consent Agenda for the Council meeting scheduled for 3:30 p.m., Wednesday, July 24, 2002 in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter in that the facts contained in the Notice of Violation concerning the unlawful sale of cigarettes have not been disputed. As indicated, this matter has been placed on the consent agenda portion of the City Council meeting during which no public discussion is allowed. The recommendation of the license office wiil be for a$500.00 fine. If you have any questions, please call me at 266-8710. V ery truly yours, �� ��C�.�.�.. Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Christine Rozek, LIEP Community Organizer, West Side Citizens Organization, 127 Winifred St. W., St. Paul, MN 55107-2128 AA-ADA-EEO Employer CITY OF SAINT PAUL Randy C. Kelly, Mayar rrrr May 22, 2002 Gene R.Josephs Joseph's Mazket 736 Oakdale Avenue Saint Paul, Minnesota 55107 OFFICF ^F THE CITY ATTORNEY Manue(e vnnfu, CiryAl7orney OY�`Sb Civil Dis�ision 400CiryHa1/ Telephone:651266-87l0 ]5 West Kel[ogg Blvd. Fncsimile: 651 298-56/9 Saint Pavl, Minnesola 55102 NOTICE OF VIOLATION RE: Cigarette/Tobacco License held by C,ene R. Josephs d/b/a Joseph's Market for the premises located at 736 Oakdale Avenue in Saint Paul License ID #: 16923 Dear Mr. 7osephs: The Office of License Inspections and Environmental Protection has recommended adverse action against the cigazette/tobacco license held by you d/b/a Joseph's Market for the premises located at 736 Oakdale Avenue in Saint Paul. The basis for the recommendation is as follows: On May 15, 2002, a tobacco compliance check was conducted at the premises of Joseph's Market located at 736 Oakdale Avenue. A 16-year old female asked to purchase cigarettes. The clerk asked for identification and the sixteen year old showed identification which pro�7erly listed her date of birth and showed her to be underage. Nevertheless, the clerk sold her a package of Camel Light cigarettes. Sale of tobacco to an underage person is a violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. Because this is a second violation, the presumptive penalty is a$400 fine. However, at your prior appearance in front of the City Council on July 11, 2001, the City Council stayed $100 of the S200 fine for a period of twelve months on the condition that you have no same or similar violations. Accordingly, the Office of LIEP is askin� that the $100 which was stayed be added to the presumptive S400 penalty, for a total of $500. AA-ADA-EEO Employer - Page 2 Gene R. Josephs OZ-C S�. May 22, 2002 At this time you have three options on how to proceed: 1. 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, Minnesota 55102. The letter should be directed to Ms. Christine Rozek. Payment of the fine will be considered to be a waiver of the hearing to which you are entitled. A self- addressed envelope is enclosed if this is your choice. Alternatively, if you do not dispute the above facts, but wish to have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the violation and requesting a public hearing. We will need to receive your letter by Monday, June 3, 2002. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you do dispute the above facts, a hearing will be scheduled before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise my legal assistant, Peter Pangborn, and we will take the necessary steps to schedule the administrative hearing. He can be reached at 266-8710. If we have not heard from you by Monday, June 3, 2002, we will assume that you do not contest the facts and will schedule this matter for the St. Paul City Council and have it placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. Please be advised that the clerk who was identified as having made the sale on this date is also being charged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, -/ � ���-�, Virgin�almer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Community Organizer, West Side Citizens Organization, 127 Winifred St. W., St. Paul, NIlV 55107-2128 AA-ADA-EEO Employer Os-• t,S� STA'I'E OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AF'F'IDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly sworn, deposes and says that on May 22, 2002, she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an envelope addressed as follows: Gene R. Josephs 3osephs Mazket 736 Oakdale Avenue St. Paul, NIlV. 55107 (which is the last known address of said person) United States mails at St. Paul, Minnesota. with postage prepaid, in the Subscribed and sworn to before me this 22nd day of May, 2002. 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J �. � (n N � O � @ L � � � � LL � N LL -� ) U V � �Y a ��— i �U cLi o y � j � d U V � V�� U � w O C� @ U a U C C� .J � U� O �- ( C G E Ll. �- ? C N Qc0 �- N m� N j � N E� O� f � Q. W � J i � V � 1 �` N V N �� � � N C C ) �'� U(6 V � N V � L f6 O_ Z U � N U ? O� N c0 � V G 47 J U � `p .O C O (0 O '�6 N o� � �� y� o m o�O V a N ) Q N� N'p .._.. U D �' N i i �a�iQoi� � > e�ou.Yah c F-� a7 m � a oms �� Va���' ; Q N N N y N O] �� m ` � � (D�d' �tN L .��00 �NO � W (O� V SQ 7 V V' N O��fnNN O)c j .U000 ao �rcoinc�m _ > C1TY OF SAINT PAUL Randy C. Kelly, Mayor Case # A GENE R JOSEPHS JOSEPH'S MARKET 736 OAKDALE A!/E ST PAUL, MN 55167-3123 „ nr:;c Business Type: � Convenience � Convenience / Gas � Gas � Drug Store / Phazmacy � Tobacco ( Smoke Shop �hSupermazke Grocery :� General Merchant � Liquor Store / Baz Restaurant � Other (p rivate club, bowling etc.� Date: � � � ) 5 / � M M D D Y Y Was purchase attempted? If NO, check reason: Time: � . ( u a.m. / .�'mj � Yes � No � Does not sell tobacco � Unsatisfactory/unsafe conditions � Out of business � Other � After business hours � Not applicable B� 0 � B Use 3 initials W sale made? Yes or No A�e Sex IS Female 16 Male 17 Was age as � Yes or _ No ) �� Use 3 initials OFFICE OF LICENSE, INSPEC710NS AND D ��(� S( ENVa20NMENTAL PROTECTION Roger C. Cunis, Direc[or LOWRYPROFESSIONAL BUILDING Telephone: 65l-266-9090 350 St. Peter Street, Suite 300 Farsimi[e: 651-166-9l24 Saini Paul, Minnuo[a 55102-I510 Web: www.cistpaul.mrzvs/liep Did aduit or officer view transaction? Yes or �/ Was ID requested? as ID shown? ` Y�or No X�Se ,%or No Type of product: . �Cigarettes �Ai " � �- �i. S _Smokeless Type of purchase: Self Service �Clerk assisted Vending machine - Unlocked Location of machine _Vending machine - Locked Location of machine Clerk Information: _Other (cigazette papers, lighter, Amount spent: � � � . � � �Female � Male Approsimate Age: � Under 18 Civil Penalty $ Licensee: Civil Penalty $ For OfEtt Use Only _32 days to 1 year Actual age if known� =� LJ 11 18 and Over _1 I m 31 days _Over 1 year Tobacco Compliance Check Purchase Form . For Office Use Only Compiiance Check I.D.# Business LD. N Pre Ordinance r�c o�din�� Criminal Penalry $ Suspension:_10 days oriess Rcwd ILN20GI - 0�--65G. Name of Clerk: �, �i j� 0�21Ly� i0 " J� Date ofBirth Address: � `f ( — � 3'T� /4 y : x . Driver's License # or State I. D.#: � "— `'f � G "� ��j' ( "— ��O -- ��„ �� � � � �'�, sn '. p�` -} � � (� < (�o �c� b�O �t G� �l ca * i � J License Grouo Gomments Text Lice�isee: GENE R JOSEPHS �BA� JOSEPH'S MARKET License #: 0016923 OSN 9/2002 � �LS OSl192002 To CAO for adverse aGion. CAR OSl15/2002 Failetl tobacco compliance chedc. Cierk was Kathleen Colmer. Second vioiation, $400 fine. Additional $100 from previous violation as well. CAF 1 0/7 712001 Passed tobacco compiiance check. SS OS/08f2001 $100 rcvd for CF01-726. caa 07/31/2001 Sent fine Ietter (5100 due 8/10/Ot ). LAB 07/11l2001 Adopted as amended Resolution Ot-726. $200 fine, $100 suspended for 1 ye.ar no same/simiiar. qa 06/21/2001 Notice of Council Hearing from CAO for a 07/11/2001 hearing for sale of tobacco products to a minor.JL OS/09/2001 Passed Tobacco Compliance Check. SS 04/78/2001 Notice of Violation from CAO. On 04/04/2001 sale of tobacw to underage person a8er showing corred identification. Have three options and exped letter of decision by04/302001- CAR/AG . 04/76/2001 $50 rcvd for payment of cig fine. caa 04/09/200 To CAO for adverse action. CAR 04/04/2001 Failed tobacco compliance check. First failure, 5200 penalry. Cierk was Ana Nazh, 960 Mt. Hope St #2, 55107. CAR 08/24/2000 Passed tobacco compliance check. SS 12/02/99 passed tobacw compliance check, letter sent 12I08/99 SS 7/29/98 Congratulations letter sent. PJW 629/98 Passed cigarette compliance check. PJW 5/96 Butcher Add On License Eliminated Per C.F. #95-1457 2/71/97 License Code Changed FdGroc(B) To Groc(C) And Butcher Per Gary Pechmann—Lap-Lic oa-cs� Aedress 1 �censee l CaRact 1 Lkense � Carm�oYJU' � iype f property fi Lcensee t' Urotficiat C A9 �treel C. 3B Street Name: AKDALE SfreHType: " WI6 Orectiort <.Alb �� llrvl #: � CRy UVb GENE R JOSEFlI�JOSEPHS MPRI�T Butcha "_'__ � 3�fu �� �se Prrdetl "' rae Raded " ' ' _ "___ "'._'___ _".�' ` ._— . . _ _ 763 GEI� R JOS@li`JOSEPN'S MAFMET pJerm p¢rmd (R¢ne.',p,cyve :O6A711998 O6A7f20U3736 C oz-�5� UrvT F CdYi i € F � _ ��i.�.^ _...__ ticu�sce alER.qsEPlis D&4 SEPHS M1MRKET _ ' � License I ���� ��,Types 1 hs�uance � Bond ( Requ'vemWS l r hoperly <' Licenue �' Unottidd PrqeclFacYd�or. ASUNCION,CARPINE Sireet a: � Adverse Actlon CommxRs SVeetNeme: Af(DALE Streef TYPe: AVE D'vection � , Und 4ut r Und f: � ' CdY: T PP,t� Lkense GrouP CommerRs State �� Wertl: � D'atCOUnuY 3� Lkensee: E R JOS@HS DBA S�MS MARi� S a l es Tax Id 57293 Bus Feise Alefms "' '_' '___ __ ______"' Alarm Pertnd (Rrna�n')_._` _"_ Grocery(C) :nse # 6923 LP: 55107 �� 9Q�72 To CAO for edver5e action. CPR 5l152002 FeAed tobecco com�exe check. perk wes athleen Comer.5ecmd tiolation, y4� tme. Atltldionel 100 from provbus violation as wel. CAR _ Of172001 Pessetl tobaxo compfiaxe check. SS Lkensee Cwruner4x � ._" N_"__"_ b� -�Sc- S SVei Stre i Dce�i UnA : �' i i ; " � a ' _���� , � Lkersee RJOSEPF75 DBA PMSMPRf(ET '"""__ _' _ '_ License Licensee ( Lic.Types � InsuenGe f.. Bontl ..� Requvemerds� _ ' ' _ ' _ t Licensea Neme: ENE R.IOSBRIS � DBA MV+Po�T ' , � Sales Ta<W: 1293 Nan-PrOfil: (� NkrkN's Cam{[ � NOIDppp � AA CaMrect Rec'd: OA000 AA Treirting Rec'tl: �+��W - AJ1 Fee CoOecled /OONOOU DixoiM ReCd [�' �Ma� hroke To: — f• A9ei 7o Cantect r licrose Adtlress Beckgrountl Chedc Rary'retl r ? ticense # n....... y .-_.:- . . . MediiceraeTO:— . .. � ,.. � � ^---.. . ._ � .��r. amaTUCOra�t �,se,essmtoanor000noo,mmoa�,ioseans c� - ---- -�-i .-- :C�'��----: CLiccroseAaarers Olher 05207199800AOp00iJOSEPHS GEAE _ .S ) (65t