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.
Notary Public
PETER P PARGSORv
woia,:r ��s�!C- Miyr��sorA
4:Y CO?AA4;SSiCN
EY."'?cS JAN. 39, 2CA5
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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 "_'__
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rae Raded
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763 GEI� R JOS@li`JOSEPN'S MAFMET pJerm p¢rmd (R¢ne.',p,cyve :O6A711998 O6A7f20U3736 C
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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 �
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SVei
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