03-626(�(� I �IF � p�� r
Council File # D;�—Co2(o
Green Sheet # t� �
Presented By
Referred To
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Committee: Date
RESOLVED, thaY the Licensee, Eastern Heights Amoco, Inc. d/b/a EasYern Heights Amoco
(License ID No. 0078902), located at 1785 Suburban Avenue in Saint Paul is hereby ordered to pay
a fine of $200.00 for the violation of the sale of tobacco or tobacco products to a minor.
Said fine shall be paid to the Office of License, Inspections and Environmental Protection
within thiriy (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 May 8, 2003 Norice of Violation letter to the licensee, the Apri124, 2003 Tobacco Compliance
Check Purchase Form, and such arguxnents as may have been presented to the Council at the public
hearing. The facts were not contested by the licensee.
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
y3
Requested by Department of:
BY: � ,1.�.�; a-�.�
Form Approved by City Attorney
�." i � r
l.l S `aa c.�
DEPARTMENT/OFFICE/COUNCQ.: DATE INITIATED GREEN SHEET No.• 200341
LIEP May 20, 2003 '
CONTACT PERSON & PHONE: Il�I77nUDa1E INPl'1ALDA7'E
Virginia Palmer (266-8710) � narnRrnaErrr Dm. crrr cour�cn.
MUST BE ON COUNCII, AGEYDA BY (DATE) �SIGN _ CIIY ATIORNEY _ CITY CLERK
FAIANCL4LSERVDIIL FAiANCIAI.SERV/ACCTG
June25,2003(hearing) gNpgBER MAYOR(ORASST.) _CIVbSERVICECOMMISSION
ROUTING
ORDER
TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATI7RE)
acriox xEQuESTEV: Adverse action against the Cigazette/Tobacco license held by Eastern Heights Amoco, lnc.
d/b/a Eastem Heights Amoco, located at 1785 Suburban Avenue
RECOMMENDATTONS: Approve (A) or Reject (R) PEILSONAI. SERVICE CONTRACIS MUST ANSWER THE FOLLOWING
QUESTIONS:
PLANNING COMMISSION 1. Has [his person/fimi ever worked under a contrac[ for this departmen[?
CID COMMI'ITEE Yu No
CNII, SERVICE COMMISSION 2. Has this person/fvm ever been a city employee?
Yes No
3. boes this person/firm possess a skill not normally possessed by any current city employee?
Yes No
_ Explain all yes answers on separate shee[ and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTIJIVI7'P (Who, What, When, Where, Why):
Eastern Heights Amoco, Inc. d/b/a Eastem Heights Amoco, failed a Apri124, 2003 cigarette compliance check.
ADVANTAGESIFAPPROVED:
Council action necessary to enforce penalties for license violation. _,w�,
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DISADVANTAGES IF APPROVED: �' lU �
None. � -,
� 3 �M�
DISADVANTAGES IF NOT APPROVED:
No penalty will be imposed for license violation.
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED:
FONDING SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION: (F.XPLAiN)
D3-(� 2.(
OFFICE OF THE CITY ATTORNEY
ManuelJ. Cervantes, CityAtrorney
CITY OF SAlNT PAUL c;v,rDrvu;on
� Randy C. Kelly, Mayor 400 City Hal[ Telephone: 6512668710
'� ISWestKelloggBb�d. Facsimile:651298-5619
Saint Pa�d, Minnuota 55702
i
May 20, 2003
NOTICE OF COUNCIL HEARING
Owner/Manager
Eastern Heights Amoco
1785 Suburban Avenue
Saint Paul, MN 55119
RE: Cigarette/Tobacco License held by Eastern Heights Amoco, Inc., d/b/a Eastern Heights
Amoco for the premises located at 1785 Suburban Avenue in Saint Paul
License ID #: 0078902
Dear Sir/Madam:
Please take notice that a hearing conceming the above-named establishment has been
scheduled for 5:30 p.m., Wednesday, June 25, 2003 in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolution and other documents which wiII be
presented to the City Council for their consideration. This is an uncontested hearing, in 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 and/or written remazks 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.
Very truly yours,
`�� G�wGGY- � ��� .-x.�,,
Virginia D. Palmer
Assistant City Attorney
cc: Mike Fuhr, Fuhr Enterprises, Inc., 299 5`� Avenue S W, #20Q New Brighton, MN 55112
Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Community Organizer, District 1 Community Council, 2090 Conway St., Rm 126, St.
Paul, MN 55 1 1 9-4040
AA-ADA-EEO Employer
v3
UNCONTESTED LICENSE HEARING
Licensee Name:
Address:
Council Hearing Date:
Eastern Heights Amoco, Inc. d/b/a Eastern
Heights Amoco
9785 Suburban Avenue
Wednesday, June 25, 2003
Violation: Sale of Cigarettes to a Minor
Minn. Stat. § 609.685
St. Paul Legislative Code § 324.07
Date of Violation
Place:
Presumptive Penalty:
April 24, 2003
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. 5/15/03 letter from Mike Fuhr to Virginia Palmer
3. Notice of Violation
4. License Information Report
5. Tobacco Compliance Check Purchase Form
6. License information
AA-ADA-EEO Employer
o3-c,Z(,
FUHR ENTERPRISES, INC.
299 5�' Avenue SW #200
New Brighton MN 55112
TeL (651)-766-0927
Fax:(651)-633-1712
May 15, 2003
Vir�inia ED. Palmer, Assistant City Attorney
OFFICE OF THE CITY ATTORNEY
Civil Division � �� � � � � �
400 Ciry Hall
] 5 West Kellogg Boulevard
Saint Paul r�nv ssio2 MAY 1� 2003
Dear Ms. Palmer: �✓ �� A P4��0./ d'11 V� F
We are in receipt of your letter of May 8, 2003 regarding our Cigarette License at our Eastem Heijhts
Amoco Store located at 1785 Suburban Avenue, St. Paul, MN 551 ] 9.
We wish to have a pubiic hearing before the Saint Paul Ciry Council to discuss this situation in detail
sufficient to put before the City Council the matter of managing, training, enforcin�, and constantly
reminding our employees regarding the proper handling of under-a�e tobacco purchase problems.
Please inform us as to the time and place when we can make a statement to the City Council in public.
Thank you.
Sincerely,
//'/ �/�l �i'
Mike Fuhr, President
FUHR ENTERPffiSES, INC.
D3-(a2.�o
CITY OF SAINT PAUL
Randy C. Ke1!}•, l.fnyor
May 8, 2003
Owner/Mana�er
Eastem Heights Amoco
1785 Suburban Avenue
Saint Paul, MN 55119
OFFICE t�r THE CITY ATTORNEY
Mnrtue7J. Cervnn�es, CiryAetorrsey
Civi1 Division
400 Ciry Hn![
I S [+lest Kel[ogg Bb•d.
Snin� Pnu(, hlinnesot¢ S.ilO?
Telepfione: 65! 266-8710
Facsimile: 651198-5619
NOTICE OF VIOLATION
RE: Cigarette/Tobacco License held by Eastem Heights Amoco, Inc, d/b/a Eastem Heights
Amoco for the premises located at 1785 Subnrban Avenue in Saint Paul
License ID #: 0078902
Dear Sir/Madam:
The Office of License, Inspections and Environmental Protection (LIEP) has
recommended adverse action against the license referenced above. The basis for the
recommendation is as foIlows:
On Apri124, 2003 a tobacco compliance check was performed
on the premises of Eastern Heights Amoco, located at 1785
Suburban Avenue in Saint Paul. A fifteen-year old male
entered the store and was able to purchase a package of
Marlboro cigarettes despite showing identification which
correctly identified his age and date of birth and showed him
to be underage. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.685 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 hearin„ 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 $uilding, 350 Saint Peter Street, Saint Paul,
pA-ADA-EHO Employer
03 - �21�
- • Page 2
Eastem Heights Amoco
May 19, 2003
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.
2. Altematively, 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, May 19, 2003. The matter will then be scheduled before the City
Council for a public hearin� 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 Administrative
Law Judge. 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. 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, May 19, 2003, 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,
"�/ Lv� ��•�v
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Community Organizer, District 1 Community Council, 2090 Conway St., Rm 126, St.
Paul, MN 55119-4040
AA-ADA-EEO Employer
t�3-(a?�
STATE OF IvIINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY MAIL
70ANNE G. CI.EMENTS, being first duly swom, deposes and says that on May 12, 2003,
served the attached NOTTCE OF VIOLATION placing a true and cosect copy thereof in an
envelope addressed as follows:
Owner/Manager
Eastern Heights Amoco
1785 Suburban Avenue
St. Paul, MN. 55119
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota.
J G. CLE TS
Subscribed and sworn to before me
this 12th day of May, 2003.
Notary Public
PETER P. PA�vG*+�e2.;v
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OFFiCE OF I7CENSE, INSPECTIONS AND
EWIItO,7MEYIAL PROTECTIOI�
Christrne A. Roze/5 Inierim Di�ector
CITY OF SAINT PAUL
Randy C. Ke!!y, Mayor
LOK7tYPROFESSZONALBUILDING TeleQhane: 657-266-9090
350 St. Peter Sbeet, Suite 300 Facsimi[e: � 657-266-9724
Saim[Pauf,.bfinneso1a55702-I510 We6: wvnv.ci.srpauLmrs.vs/liep
Tobacco Compliance Check Purchase Form
Case # - - - _ - - -
�- - -- -F9rOfficeUseOnIy
Affix Label Here Compliancc6heck -_
Business I.D. # •
EASTERN HEIGHTS AMOCO 1NC preordinance --
EASTERN HEIGHTS AMOCO rosioiaivance ' _ _ - -
1785 SUBURBAN AVE
ST PAUL, MN 55119-431
Business Type:
� Convenience � Convenience / Gas � Gas � Drug Store / Pharmacy � Tobacco / Smoke Shop
� Supermarket /- rocery � Generai Merchant � Liquor Store / Baz Restaurant
v � �
Date: � � Time: � .
M M D D
Was purchase attempted?
�Yes �No
Buyer � � �
Use 3 inirials
ale made?
Ye or No
�
�
17
Y Y
IF NO, check reason:
� Othei (private c[ub, bowting etc.)
•J � am. p.m '
�boes not setl tobacco �Unsatisfactory/unsafe conditions
� Out of business � Other
�After business hours �Not applicable
Sex Adult ti� �� Did adult or off r view transaction?
tiy
Female Use 3 initials Yes or No
�
Was age as � requested? W �' hown?
Yes or No Yes or No es r No
Type of purchase:
elf Service
Clerk assisted
_Vending machine - Unlocked
Location of machine
_Vending machine - Locked
Locarion of machine
ClerkTnformation: �Female �Male
Typ�°f product: � � spent: $
�Cigazettes P� � '� � � ^'�
Smokeless
_Cigazs
_Other (cigarette papers, lighter, etc.)
Approximate Age: �Under 18
Civil Penalty S
Licrnsee:
Civil Penalty $
Fot OfFce Use Ouly
Criminal Penalty $
Suspension:_10 days orless
_32 days to 1 year
��i� �'r`>
Actual age if known�
�� 18 and Over
_i i to 31 days
_Ovu 1 yeaz
� w oimrzccs
�
Name of Clerk:
Address:
�
Date of Birth
03-l�Zl�
Driver's License # or State I. D.#: � '� � �� ` �� — ��/ � l � �
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a�-�� I� �1��� �
License Group Comments Text
Licensee: EASTERN HEIGHTS AMOCO INC
�BA� EASTERNHEIGHTSAMOCO
License #: 0078902
04/29/2003 To CAO for adverse action. CAR
04124/2003 Failed tobacco compliance check. Clerk was Patricia Brueske. First failure. 5200 matriz penalty. CAR
0227/2002 Passed tobacco compliance check. SS
O6/28I2001 Passed tobacco compiiance check. SS
05/02/2001 Passed tobacco compliance check. SS
06/15/Z000 Passed fobacco compfiance cfieck. SS
07l73N999 Passed cig compliance check - 07/21/� 999 Letter sent SS
01/14/1999Congratulationslettersent. PJW
'1'1/03/1998 Passed cigareUe compliance check. PJW
0423/7997 Appn For New Gas Sta, Rest-A, Groo-Q And Cig App'd 0.F. #97-434
03/37l7997 Ph Notices Mailed. Hearing Set For 04/23/1997, 44 Mailed, 47 Emailed, 2 Interoffice
o3-t�2c�
04l2912003