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RESOLUTION
CITY OF SAINT PAUL,IVIIl�tNESOTA
Presented By
i �
�
�
Referred To
Committee: Date
2 RESOLVED, that the Licensee, A& S Holdings, Inc. d/b/a Speedy Food Stop (License
3 ID No. 0092068), located at 968 Dale Street North in Saint Paul is hereby ordered to pay a fine
4 of $500.00 for the violation of Sale of Alcoholic Beverages to Underage Persons, w:-f4. �l aoo•oo
5 5�4�� Se c- a p �,r: o A o l? -1-..n .�.� �L��.l trwv.}� � cov: � e� �ncra. a,.re. �10 -C�.-i-i.,�
6 Said fine shall be paid to the Office of License, Inspections and Environmental Protection '
7 within thirty (30) days of the adoption of this resolution by the Council and signature by the
8
9
10
11
12
13
14
Mayor.
This resolution and the action of the Council in this matter are based upon the facts
contained in the December 18, 2002, Notice of Violation letter to the licensee, the October 30,
2002 St. Paul Police Report CN 02-239176, the letter from the licensee received on January 3,
2003, and such arguments as may have been presented to the Council at the public hearing. The
facts were not contested by the licensee.
Council File # � _ l3
Green Sheet # aoo �. 9
�
DEPARTMENT/OFFICE/COUNCII,: DATE INIITATF,D GREEN SHEET No.• 200299
LIEP January 8, 2003 ' 03 —��?
� CONTACT PERSON & PHONE: P11TInLDATE IIv1Tt4IJDATE
Virginia Palmer (266-8710) � nsr��rnzErrr nm crrr covivc�L
MIJST BE ON COUNCII. AGENDA BY (DATE) �SI� — C1TY ATiORNEY _ CTTY CLERK
��LOO2�7,e3i'lIl r`��M�ER ��CIAL SERV DII2. _£INANCIAL SERV/ACCI'G
l++ g� FOR �YOR(ORASST.) _CIVII.SERVICECOMMISSION
� ROiI'I'ING
ORDER
TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNAT[JRE)
' ncnoN �QuESrEn: Adverse action against the licenses held by A& S Holdings, Inc. d/b/a Speedy Food Stop,
, located at 968 Dale Street North
. RECOMMENDA7TONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRAC7'S MUST ANSWER TAE FOLLOWIlVG
QUESTIONS:
PLANNING COMMISSION 1. Has this person/firm ever worked under a contract for this deparunent?
CIB COMM111"EE Yes No
CIVR. SERVICE COMMISSION 2. Has this person/firm ever been a ciry employee?
, Yes No
3. Does this person/firm possess a skil] not normally possessed by any cmrent city employee?
Yes No
Explain all yes answers on separate sheet aod attach to green sheet
INTTIATING PROBLEM, ISSUE, OPPORTUNII'Y (Who, What, When, Where, Why):
A& S Holdings, Inc. d/b/a Speedy Food Stop failed an October 29, 2002 alcohol compliance check, selling beer to
two under age compliance checkers.
ADVANTAGES IF APPROVED:
. Council action necessary to enforce the City's Legislative Code, and State laws prohibiring sale of alcohol to under
-. age persons.
� DISADVANTAGESIFAPPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
, No penalty will be nnposed for violating City ordinances and State laws.
', TOTAL AMOUNT OF TRANSACTION: $ COSTlREVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATTON: (EXPLADV)
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OFFICE OF THE CITY ATTORNEY �
Manuel J. Cerv¢ntu, Ciry A7lorney o 3'�
CITY OF SAINT PAUL crvrror,a.s;o„
Rorsdy C. Kel1y, Mayor 400 Ciry Hal[ Te[ephone: 657166-8770
ISWutKel/oggBlvd. Facsimi1e:651298-5619
Saint Paul, Minnesota 55102
i
January 8, 2003
NOTICE OF COUNCIL HEARING
Owner/Manager
Speedy Food Stop
968 Dale Street North
Saint Paul, MN 55117
RE: Off-Sale Malt License held by A& S Holdings, Inc., d/b/a Speedy Food Stop
for the premises located at 968 Dale Street North in Saint Paul
License ID #: 0092068
Dear Sir/Madam:
Please take notice that this matter has been scheduled for a public hearing before the Saint
Paul City Council beginning at 5:30 p.m., Wednesday, February 5, 2003. The hearing will be
held in the City Council Chambers, Third Floor, Saint Paul City Hali 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 concerning the sale of alcohol to an underage person have been admitted. You will have an
opporlunity at the Council hearing to present oral and/or written remarks as to the penalty, if any,
to be imposed. The recommendation of the license office will be for a$500.00 fine.
If you have any questions, please call me at 266-8710.
Very truly yours,
' .��.�
Virginia .
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117-4920
AA-ADA-EEO Employer
UNCONTESTED LICENSE HEARING
Licensee Name:
Address:
Council Date:
A& S Holdings, Inc. d/b/a Speedy Food Stop
968 Dale Street North
Wednesday, February 5, 2003
Violation: Sale of Alcohol to an Underage Person
Minn. Stat. § 304A.503 (1994)
St. Paul Legislative Code § 409.08
Date of Violation:
Place:
Presumptive Penalty:
$500.00 Fine
p�y -17
Recommendation of Assistant City Attorney on behalf of c{ient, Office
of License, Inspections and Environmental Protection:
$500.00 fine
Attachments:
1. Proposed resolution
2. Letter from Prakash Bhakta to Christine Rozek and Virginia
Palmer
3. Notice of Violation
4. License information
5. Liquor Compliance Check Sheet
6. Police Report CN 02-239176
October 29, 2002
Licensed Premises
AA-ADA-EEO Employer
Prakash Bhakta
Speedy Food Stop
968 Dale Street North
Saint Paul, MN 55117
V'uginia D. Palmer (Assistant City Attorney)
Civil Division
aoo c��y �u
IS West Kellogg Blvd.
Saint Paul, Minnesota 55102
Dear, Christine Rozek and Virginia Palmer
REGEIVEQ
JAN p 3 2003
�s'�TY AT�fORNEY
I am and have been emotionally distressed since the violation was committed on
Oct. 29�`. I do admit that I sold beer to the minor. I am completely responsible and solely
responsible. I do know the law and I am very sorry for having done this. More than sorry.
The following statements are not excuses, but legitimate reasons, in my estimation
that contributed to the violation that night and I offer then to you for consideration to
excuse me on my first and only offense. I am by nature a very nervous and high striving
person and my diabetes only adds to my stress and anger, especially when my blood sugar
is low. Then I must eat certain foods to bring it back up, and in this state my mind is
affected and I can not think clearly at the time of the incident I was eating celery and
peanut butter, as the officer who approached me will recall. I sincerely hope you can,
appreciate my crewmembers and forgive my first and only offence. I can assure you it will
never happen again.
nk� - �� �o ±�. ei z���'�-�
Thank You,
� Prakash Bhakta
0�-1�2�
J�-3 I - o�-
�'°°�� Columbia Park Medical Group o� ���'�
�
May 14, 2001
- - --. -- - - -- -- — _ _ _.. _ . _ _. __ -_ . . .
RE: PRAKASH BHAKTA —
DOB: 3l30159
MR: 1123031
To Whom It May Concern:
Prakash Bhakta's legs become fatigued and he develops back pain with long periods of
standing. Please pemut him to sit down for 15 minutes after 1 hour standing.
Also during hot weather his feet sweat excessively. It would be beneficial for his feet if
he could wear sandals during the wann weather.
Sincerely,
� �.� � „ �_�_
� ril ��
Paul E. Mertens, M.D.
Department of Family Practice
Columbia Park Medical Group
P�NUImh
763- �7a .��oa
AdministrativeOffice v AndoverParkClinic B�ooklvnPadcMediralCenter ColumbiaParkClinic FddleyPlazaClinic
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
December 18, 2002
OFFICE (�r THE CITY ATTORNEY �� �I��
MnnuelJ. Cervnntes, CiryAttorney
Civi! Division
400 Ciry Hal1
/5 WeslKelloggBlvd.
Saint Paul, �Lfinnua�rs 55/01
Telephone: 651166-8710
Fncsimile: 65! 266-8787
NOTICE OF VIOLATION
Owner/Manager
Speedy Food Stop
968 Dale Street North
Saint Paui, MN 55117
RE: Off-Sale Malt License held by A& S Holdings, Inc., d/b/a Speedy Food Stop for
for the premises located at 968 Dale Street North in Saint Paul
License ID #: 0092068
Dear Sir/Niadam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the licenses held by A& S Holdings, Inc., d/b/a Speedy Food Stop
for the premises located at 968 Dale Street North in Saint Paul. The basis for the
recommendation is as follows:
On October 29, 2002, an alcohol compliance check was
conducted at the premises of the Speedy Food Stop at 968 Dale
Street North in Saint Paul. Two 19-year olds entered the
premises and purchased a 6-pack of Miller Genuine Draft
beer. The clerk did not ask for identiFcation. Sale of alcohol
to an underage person is a violation of Minn. Stat. §340A.503.
Since this is considered a first violation, the licensing office will recammend a$500.00
fine, pursuant to St. Paul Legislative Code §409.26.
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 will
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.
AA-ADA-EEO Employer
Page 2
Speedy Food Stop
December 18, 2002
2. 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 hearing by Monday, December 30, 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 as to the penalty to be imposed.
a��
If you do dispute the above facts, a hearing will be scheduled before an Administrative
Law 3udge. At that hearing both you and the City will be able to appear and present
witnesses, evidence, and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. Please let me know in writing no later than Monday,
December 30, 2002, how you wish to proceed.
If you have net contacted me by Monday, December 30, 2002, I will assume that you
are not contesting 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.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
� ,t � �._,�1 ti.-(.,'>
J
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Kathy Cole, Executive Director, District 6 Planning Council, 1061 Rice St., St. Paul, MN
55117-4920
AA-ADA-EEO Employer
o �-»�
STATE OF M�NNESOTA )
) ss.
COiJNTY OF RAMSEX )
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CL,EMENTS, being first duly sworn, deposes and says that on December 19,
2002, served the attached NOTICE OF VIOLATTON placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Manager
Speedy Food Stop
968 No. Dale Street
St. Paul, MN. 55117
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota. �1
Subscribed and sworn to before me
this 19th day of December, 2002.
Notazy Public
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License Group Comments Text
Licensee: q g S HOLDINGS INC
�BA� SPEEDY FOOD STOP
License #: 0092068
12/09/2002 To CAO for adverse action. CAR
10/292002 Failed DPS compliance check conducted by SPPD. First failure after waming. $500 fine. CAR
03/t t/2002 Passed tobacco compliance check. SS
06l27/200� Passed tobacco compliance check. SS
O6/02/200� Passed tobacco compliance check. SS
03/OS/200� Sent congratuiations letter for passing alcohol compliance check. SS
02/22J2001 Passed DPS alcohol compliance check conducted by SPPD. SS
12/�3/2000 Passed U of M alcohol compliance check conducted by LIEP/Schweinler. SS
OS/07/2000 Sent congratulations letter for passing alcohol compiiance check. SS
07/13/2000 Passed U of M alcohol compiiance check conducted by Ramstad/Reilly. SS
06/07/2000 Completed required alcohol awareness training-DL
02/23/2000 Passed tobacco compliance check. CAR
12/OZ� 999 Passed second alcohol compliance check-DL
04/06/1999 Passed tobacco compliance check - letter sent 04/12/1999. SS
03/18/�999 Completed required alcohol awareness training-DL
� 02/�9/1999 Failed check; "unoN'icial" waming -training due 03/28/1999-DL
06/OS/1995 Totem Foods Inc Name Changed To A& Sholding Inc. No Change In Ownership. No Change In Tax Id #.
06/15/1993 Rnw Appd - Mailed 07/09/'1993
�2/10/199� Ph On Appn For New Off Sale Malt 32 & A/2 Grocery-C License App'd C.F. 91-2236
12/09/2002
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47963 0 SPEEDY MARHETSPEEDY MARKET Cgarettertahacco Canceled 04A111991 V3fd171992968 [
92068 5597 A 8 S HOLDINGS SPEEDV FOOD STOP Aiarm Perm4 (Rene�ACtive AA Requ'vemeirts Met 06117t1998 U6A720U3968 [
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I�P: 55117 i�0��02 To CAO far etivuse dction. CAR
; 0f19R002 Failetl DPS comOfiarxe check conductetl 6y
Broviwse;. : PD Firs! feAUre etter werning. 5500 fine. CAR
� 3111R002Passetltohaccocamp6ancechetic.SS
.____.__—_—____.. 627R001 Passetltobacca canpfiance check. SS
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DATE � ��Z9 OZ T1ME I(� �� CnT# � 2^ 2 3 �^I 7 Co
ESTABLISffiVIENT S�MO _O ��c-�cr.Q,�� TypE (ON-SALE) FF-SALE
ADDRESS Q � � �
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WHAT DID THEY TRY TO PURCHASE?_ � L� � f Q ,��
PA SS O
SERVER Da�a Privacy Restrictions ApplY
Minnesota Statute 13.82
LAST NAME q _FIRST���
DATE OF BIl2TH� �,30 ',S 9 HEIGHT �' 7 WEIGHT I Co O RACE ..�'n�ia.,
t� 633 /y � p �e bvoo,� P1 �..��.�/
ADDRESS Bv c o ;C ��.� Pe i� CITY STATE�1 SSL( `1ZS
PHOA�E: WORK ( 6S/) y86'� 316 HOME (yc3 )?9/• G�/3� OTHER ( )
PICTITRE TAKEN ES �O IDENTIFICATTON TYPE�ic�
1�1A1�TAGER � n o� P " �S �-n f'
LAST NAME� s e N FIRST 7 e MIDDLE
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ADDRESS CITY STATE ZIP
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"� Saint Paul Police Department Page 2
� ,<, ,,, .
ORIGINAL OFFENSE / INCIDENT REPORT ������
Complaint Number Reference C.N_ Primary offense Date and Time of Report
02-239176 LIQUOR LAWS, VIOLATION 10/30/2002 13:32
Physicaf Condition Employment
Gonsciousness Occupaffon CLERK
Drug/a/cohol use Employer SPEEDY FOOD STOP
CRIME SCENE DESCRIPTORS
Crime Scene
Type RETAIL
oescription CONVENIENCE STORE
Mefhod 8 PoinT ofEntry
Forceused NOTFORCED
Point of entry
Methad
PROPERTY (NONE)
VEHICLE INFORMATION (NONE)
SOLVABILITY FACTORS
Can suspect be identified? Can be identified by
Cnme scene processed?
Photos taken?
Evidence furned in?
.cµ�,o/en properiy traceable?
Property turned in?
PUBL4C NARRATIVE
Liquor compliance failure at a local convenience store.
NARRATIVE
Squad 792, along with Squad 794 Sgt. Simmons conducted a liquor compiiance detaii in the
Western District of St. Paul on October 29, 2002. The detail was conducted between 1700 and
2100 hours. We utilized two underage undercover operatives. The information on the two is
contained in records kept in the Vice Unit.
They are:
UC 11-02 who has a confirmed dob by the person's Minnesota photo DL as 1-24-83 making the
person 19 years of age as of this date.
UC 14-02 who has a confirmed dob by the person's Minnesota photo DL as 4-6-83 making the
person 19 years of age as of this date.
They were shown a video on how to properly conduct themselves on a liquor compliance detail.
Their personai effects were held by the police. They were toid that an estabiishment would pass the
compliance check if the employee were to ask for ID from them. They were each given buy fund
money with which to possibly purchase alcohol. They were photographed prior to going on the
detail.
At 1810 hours, we sent them into the Speedy Food Stop located at 968 No. Dale St. to attempt to
make a purchase. They were wired with a transmitter. We could hear their conversation from our
unmarked car parked outside the establishment.
After a few minutes, they came out of the store carrying a 6 pack of Miller Genuine Draft beer and
the change left from the transaction. They told me that the clerk was an Indian about 40 years old.
They seated themselves in our car and we went inside to speak to the cierk. i observed a person
matching that description behind the counter. I dispiayed my police badge and ide�tified myself as a
St. Paui Police Officer. I told him that the two people that had just bought the 6 pack that I carried
back inside and placed on the counter were 19 years old. Another person stepped behind the
counter and the man said something to the effect of "those two were minors" to him. I gave him
back the change and asked and received the buy fund money back. I escorted the man back to
the employee room, photographed him holding the beer and identified him as: (last name) BHAKTA,
(first name) PR,4KASHBHAI (middle initial oniy) D. per his Minnesota DL.
He initially stated that he didn't ask for ID from the UCs because they Iooked to be 21 years old.
`�� Saint Paul Police Department P
ORIGINAL OFFENSE / INCIDENT REPORT
Complaint Num6er Reference C.N. Pnmary offense Date and Time ofReport
02-239176 LI LAWS, VI OLATION 10/30/2002 13:32
PrimaryReportingOtficer RICHARD L WACHAL
Location otincident. 968 DALE ST N
Pnmary oNense detaiL
Primary sq�ad: 7g2
Secondary reporting of�icer.
oistrict CENTRAL ( SIU/NARCOTICSNICE )
Secondary offense:
Name of/ocation/business: SPEEDY FOOD STOP
Date & time of occurence: 10/29/2002 18:10
Anesf made?
Date 8 time of anest:
POLICE PERSONNEL INVOLVED
Arrest made on view:
Pufsuit enoaaed�
Anest made on war2nt oi previous CN:
Weapons used by police:
Weapons used 6y suspect at time of anest:
CHARGES (NONE)
NAMES
OTHER HUSEN, ZEE
UNKNOWN
Physical Description phones
sex MALE Height Nairco�o� Wo�k phone 651-488-3316
Race WDIAN Weight
Hispanic Build
D06 Skin
Age
Hair Type
Hair Length
Facia/ Hair
Physical Condition Emplo
Consciousness Occupation MANAGER -
Drug/alcohol use Employe� SPEEDY FOOD STOP
SUSPECT BHAKTA, PRAKASHBHAID.
8633 MAPLEBROOK WY N BROOKLYN PARK MN 55445
Physical Description Phones
Sex MALE Height HarrColor
Race INDIAN Weight
Hispanic Buifd
DOe 03/30/1959 skin
,4ge 43
HairType
Hai�Length
Facial Hair
Home phone 763-391-6437
Work phone 651-488-3316
� ,.�;.; , Saint Paul Police Department Page 3
ORIGINAL OFFENSE / INCIDENT REPORT O��M�
Complaint Number Refelence C.N. Primary offense Date and Time of Report
02-239176 LIQUOR LAWS, VIOLATION 10/30/2002 13:32
After a few minutes, he said he didn't remember asking for their IDs. He was too busy when they
were in the store. We did not hear anyone ask for ID from them over the transmitter. Thfs
investigator entered and approached the counter seconds after the UCs came out with the beer.
There was no one near the counter. AII the while I stood there with him, no one approached it. After
a few minutes, some customers started to line up, but did not come into play during this compiiance
check. Mr. Bhakta seemed compiacent about his encounter with the police. He continued to eat
his lunch as I interviewed him.
I informed Mr. Bhakta that I would forward a report to the City Attorney for a possible charge of GM
Furnishing Alcohoi to a Minor. A complaint wouid be mailed to his home if he were to be charged.
The manager Husen, Zee was not present. Mr. Bhakta said he would teil him of the failure. As of
this writing, I have a call into Mr. Husen. He has not returned it.
Please distribute to:
_CHF _Hom _Rob
_Sex _D/C _Burg
_CO _Rptr _vice
_Juv _Oper
_Theft _Prop
_Narco _SIU
_PSC _Lab _Rec
_CAU _F&F _Auto
_T&A _Other
Team
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