02-753Council File #
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Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Committee: Date
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1 RESOLVED, that the Cigazette/'I'obacco license (License ID# 20000002973) held by
2 NITS Entexprises, Inc., d/b/a Little Nikita Cafe for the premises located at 126 East 10�' Street in
3 Saint Paul, is hereby suspended for a period of thiriy days for the June 5, 2002 sale of tobacco
4 products to a minor, a third violation. The suspensaon shall begin at 12:01 a.m. on Wednesday,
5 September 11, 2002 and continue until 11:59 p.m. on Thursday, October 10, 2002.
7 FURTHER RESOLVED, that the licensee shall pay a fine of $500 in addition to the
8 license suspension. Said penalty is an upward departiue from the presumptive penalty for a third
9 violation and is based upon the fact that in each instance the same clerk sold the tobacco
10 products, indicating that the establishment has taken no training or disciplinary actions for the
11 previous two violations, and the short time period in which the violations have occurred, as both
12 of the prior violations were within the last twelve months. The fine is to be paid within thirty
13 days of the passage and approval of the resolution.
14
15 This resolution and the action of the Council are based upon the facts contained in the
16 Notice of Violarion dated July 3, 2002, and the Tobacco Compliance Check forxn dated June 5,
17 2002. The licensee did not respond to the Notice of Violarion.
Requested by Department of:
Green Sheet # 20025 5
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Harris By:
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DEPARTMENT/OFFICE/COUNCQ.: DATE INITIATED GREEN SHEET No.• 200265 D � 7 ��
LIEP July 31, 2002 '
CONTACT PERSON & PHONE: IN11"fAi✓DATE I1VI"1'IAI✓DATE
Virginia Palmer (266-8710) � D�e,�z.r�T Dm crrr couxcn.
MUST BE ON COUNCII. AGENDA BY (DATE) �SIGN _ CITY ATTORNEY _ CITY CLERK
FINANCIAL SERV DIlL FINANCTAL SERV/ACCTG
Allgt15L21 ,2002(consent) FN�U��IBER — MAyOR(ORASST.) _CNII,SERVICECOMASISSION
ROUTING
ORDER
TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE)
wcriox t�QUes�n: Adverse action against the Cigazette/'I'obacco license held by NT"TS Enterprises, Inc. d/b/a
Little Nikita Cafe, located at 126 10�' Street East
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[7ST ANSWER TAE FOLLOWING
QUESTIONS:
PLANNING COMMISSION 1. Haz this person/firm ever worked under a contract for this departmenC?
CB COMMI"ITEE Yes No
CNIL SERVICE COMMISSION 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any currzn[ ciry employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
NTTS Enterprises, Inc. d/b/a Little Nikita Cafe, failed June 5, 2002 ciguette 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'1'RANSACTION: $ COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER: �
FINANCIAL INFORMATiON: (EXPLAIN)
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CITY OF SAINT PAUL
Randy C. Kelly, Mayor
AUgi1St E), ZOO2
OFFICE OF THE CITY ATTORNEY
Manuel J- Cervrsntes, Ciry� Attarney
CiviTDivision
400 Ciry Hall
15 West Kellagg Blvd.
Saint Pnu[, Minnuotn 55102
Telephone: 651266-87(0
Facsimile: 651298-56l9
NOTICE OF COUNCIL MEETING
Owner/Manager
Litfle Nikita Cafe
126 10`" Street East
Saint Paui, Minnesota 55101
RE: Cigazette/Tobacco License held by NTTS Enterprises, Inc. d/b/a Little Nikita Cafe for the
premises at 126 10`" Street East in Saint Paul
License ID #: 20000002973
Dear Sir/Madam:
Please take notice that this matter has been set on the Consent Agenda for the Council
meeting scheduled for 3:30 p.m., Wednesday, August 21, 2002 in the City Council Chambers,
Third Floor, Saint Paul City Hali and Ramsey County Courthouse.
Enciosed 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 unlawfui sale of cigazettes 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 will be for a 30 day suspension of your Cigarette/Tobacco License and a$500.00
fine.
If you have any questions, please call me at 266-8710.
V ery truly yours,
� f ,�✓u-c� ����,
Virgini�. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Gouncil Secretary
Christine Rozek, LIEP
Mary Nelson, Community Organizer, Capitol River CouncilNist.#17, 332 Minnesota St.,
Suite W 1250, St. Paul, MN 55101-1314
AA-ADA-EEO Employer
Da- ��
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Hearing Date:
NTTS Enterprises, Inc. d/b/a Little Nikita
Cafe
126 10 Street East
Wednesday, August 21, 2002
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Pauf Legislative Code § 324.07.
Date of Violation
Place:
Presumptive Penalty:
June 5, 2002
Licensed Premises
30 day suspension of CigaretteRobacco
License (3` violation)
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
30 day suspension of Cigarette/Tobacco License (3�
violation) and a $500 fine
Attachments:
1. Proposed resolution
2. Notice of Violation
3. Tobacco Comptiance Check Purchase Form
4. License information
AA-ADA-EEO Employer
CITY OF SAINT PAUL
Rnndy C. Kelly, Mnyor
July 3, 2002
Owner/Manager
Little Nikita Cafe
126 10"' Street East
Saint Paul, Minnesota 55101
Da-��3
OFFICb �i THE CITY ATTORi�EY
Mnnuel J. Cennn[es, Ciry Rttorney
Civi1 Division
400 City Hnlf
I S West Ke!logg Blvd.
Snint Pa«[, Ntinrteso(n 55l03
Telephone: 65/ 266-87l0
Fncsimif e: 651 298-Sb19
NOTICE OF VIOLATION
RE: CigazettelTobacco License held by NTTS Enterprises, Inc. dlbJa Little Nikita Cafe for the
premises at 126 10` Street East in Saint Paul
License ID #: 20000002973
Dear Sir/Madam:
The Office of License, Inspections and Environmental Protection has recommended
adverse action against the Cigarette/Tobacco License held by NTTS Enterprises, Inc. d/b/a Littie
Nikita Cafe for the premises at 126 10` Street East in Saint Paul. The basis for the
recommendation is as follows:
On June 5, 2002, a tobacco compliance check was conducted at
Little Nikita Cafe located at 12610"' Street East in Saint Paul.
A fifteen year old female entered the store and asked to buy
cigarettes. She was asked to show her identification, and did
so. It correctly stated her date of birth. The clerk
nevertheless sold her a box of Marlboro cigarettes.
Sale of tobacco to an underage person is a violation of Minn.
Stat. §609.685 aod Saint Paul Legislative Code §324.07.
Although this is a third violation, and the presumptive penalty is a 30 day suspension of your
Cigarette/Tobacco license, the licensing office will recommend an additional $500.00 fine based
upon the fact that this is a third violation with the same clerk.
At this time you have three options on how to proceed:
If you do not dispute the above facts and do not �vish 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 Pau1,
AA-ADA-EEO Employer
O�- 7�3
� Page 2
Little Nikita Cafe
July 3, 2002
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 aze entitied. A self-
addressed envelope is enclosed if this is your choice. Additionally, you will need to
contact the licensing office to schedule the 30 day suspension of your license.
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 requesting a public hearing. We will need to receive your
letter by Monday, July 15, 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 7udge. At that hearing both you and the City will be able to appear and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paui City Council
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 15, 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.
Piease be advised that the clerk who was identified as hauing made the sale on this date is
also being chazged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a
sepazate action from this license matter. If you have any questions, please feel free to contact me
at (651) 266-$710.
Sincerely,
�� �vc-C« �i
Virgini� D. Palmer
Assistant City Attorney
� �u � ��
cc: Christine Rozek, Deputy Director of LIEP
Mary Nelson, Community Organizer, Capitol River CounciUDist.T17, 332 Minnesota St.,
Suite W1250, St. Paul, MN 55101-1314
AA-ADA-EEO Employer
D�-ys3
STATE OF MII�TTNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly swom, deposes and says that on July 8, 2002,
she served the attached NOTICE OF VIOLATION placing a true and coirect copy thereof in an
envelope addressed as follows:
Owner/Manager
Little Nikita Cafe
126 10�' Street E.
St. Paul, MN. 55101
(which is the last known address of said person)
United States mails at St. Paul, Minnesota.
Subscribed and sworn to before me
this 8th day of 7uly, 2002.
/
— / i�
Notary Public
with postage prepaid, in the
PETER P. PANGSORN
NOTARY WBUC-ldINNESOiq
MY �OAAMISSION
EXP3RrS JAN. 31. 2005
�a-�s3
OFFICE OF I.ICENSE, AISPECiIONS AND
ENVIROISMENTpy PROTECTION
ROg� C. Curtis, Director
salrcr
PAUL
�
AAAA
CTTY OF SAINT PAUL
Randy C. Kelly, Mayor
Case #
A NTTS ENTERPRISES INC
L�TTlE NIKITA CAFE
'126 i OTH S7 E
ST PqUL, MN 55101-2315
Foro�a uu o�ty
Compiiance Check I.D.#
Businas LD. #
rm o�a��
Bnsiness Type:
� Convenience 0 Convenience / Gas � Gas ❑Dmg ore / Phamiacy �Tobacco ( Smoke Shop
� Supermazket / Grocery � General Merchant � Liquor Store / Baz estauiant � Other (privam club, bowling ar.)
� / � / `_--' Time: .� . 7 L� a.m. p.m � 1
Date: �
M M D D Y Y
Was purchase attempted? If NO, check reason:
� Yes � No � Does not sell tobacco � Unsafisfactory/unsafe condi6ons
� Out of business � Other
� After business hou� � Not applicabie
Buyer � � �
Use 3 initials
/ A��e� Sea
(1�� Fe e
16 aie t �
17
made? Was age as
Yes r No Yes or a
Type of purchase:
Self Service
�lerk assisted
__Vending machine - Unlocked
Location ofmachine
_Vending machine - Locked
Location of machine
ClerkInformation: �Female uMale
civit PrnaITy $
Licensee: Civi� penaity $
For Office Use Oniy
LOWRYPHOFESSIONALHUILDING Tdephone.� 65l-266-9090
350 SL Peter S6eet, Suite 300 Facsimife: 651-266-9l14
SaintPaul,Minnerota55702-I510 Wrb,- wyvw,ci.stp�u[mn,u
Tobacco Compliance Check Purchase Form
Adult ��Q Did adult or. officer vie�ansactiou?
<<
Use 3 initials Yes or No
a9 requested? W� shown?
X or No (/Yes/or No
L� ^
Type of product: Amount spent: $ �� .�"�
r�Cigarettes
Smokeless
_Cigazs J � �J
_Other (cigarette papers, lighter, etc.) � ( �U /�01(� ' ( � C�C
Approzimate Age: ❑Under 18 Actual age if known
—�.
Crir,vnal Fenalty $_ 18 aad Over
Sucpension:_10 days or less �1 I ro 31 days
--- 32 days to 1 yeaz _Over ] year
sc�.�ce txrzaaooi
�'�? - 75:3
Name of Clerk:
T
. �(�� i _ 'L�_
C���✓�.F� I"\�.i/J
Address:
Date of Buth
�=��5 — 0�1/
Driver's License # or State I.
License Group Commenfs Text
Licensee: NTTS ENTERPRISES INC
DSA: LITriE MKITA CAFE
License #: 20000002973
De3 —753 os�sa�zooz
06/28/2002 To CAO for adverse action. CAR
06/O5/"L002 Failed to6acco compliance check Clerk was Thomas Martin. Third failure within 1 year. 30 day suspension of tobacco license. pepart upward
because the busfness has not taken steps to replace or train the derk who has failed all three compliance checks. - recommend $500 frne as weil. CAR
04/19/2002 $75.00 rwd frnm Gerk Thomas Martin for ag sales violaEOn.ES
Ot/08/2002 $400.00 rc,vd for cig sales violation.ES
21/21/2001 Notice of Councii Meeting for 01l09/2002 consent agenda to levy $400 fine for to6acrA eompfiance faiture. CAR
�0/24/2001 Notice of Administrative Fne Bom CAO for Thomas C. Martin, $50 fine for the sale of tobacco products to a minor. SS
10/24/2001 Notice of Volation fram CAO for sale of tobacco produds to a minor on 10/17Y2001. 2nd violation, recommendation for $400 fine. SS
10/� 92001 To CAO for adverse action. CAR
t�l1712�01 Faifed tohacco wmpliance check. Clerk was Thamas Ma'tin. Second faiture, $400 matrix penalty. (Same cferk - couid this be a pattern?) CAR
08/01/2001 $200 rcvd for violation of cig sale to minor. caa
07/26/2001 Notice of Couneii Meeting ftom CAO. Set for consent on 08/15/2001.JL
07/12/2001 Notice of violation from CAO for sale of tobacco products to a minor. Given to 07/23/2001 to respond. JL
7/12/2001 Passed Tobacco Compliance Check. SS
07l032001 To CAO for adverse adion. CAR
06/25/2Q01 Failed tobacco compliance check. First failure, $200 matrix penaity. Cierk was Thomas Charies Martin, 10331giehart 55104. CAR
09/29/2000 Upgrade license from Restaurant-C to RestaurenbA. LKK
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