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03-626(�(� I �IF � p�� r Council File # D;�—Co2(o Green Sheet # t� � Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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�, "�1 �,� r�,,,��,�3 d - f�,,��^ , �..,,w 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. 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U N(6 vf �n tn V� W � tn C V Z = O O �(6 .�-• ( ( [ N ( O ( O. � L � Z H IL N d d d d d U d Q# Q" W c'7 MM�N ��orn rnw� r 0 0o OoOO 6) �O)��L.O� � O O O Q j O O O O 6) W W W��� N N N y N N N N ���`` `.0 � � V yl� W Nlnc7�V MM:O � Y u� a O N N L N N O�` �� O N M— �� 7 V N(O ln (O i� d r- 7 �-(+J m O U 00 CO00000 tq O�-O Q O� a3 -(fl2 (o 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 � � (� � �. J � �'� �, ti,�� --��,� - � �:.�.� � � , � < �� �/ d�-�`i U-���tiu�v� �!� d� �7 � �,,�--�- � � G�2u��� , 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