04-1196Council File # O ` � f ���
Green Sheet # JQ��'{ r J � J
RESOLUTION
Presented Hy
Referred To
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Committee: Date
WHEREAS, adverse action was initiated against the Cigazette/Tobacco license held by
Aaben and Helen Food and Tobacco, Inc. dlbfa East St. Paul Market (License ID No. 20030003140),
for the premises located at 1019 Arcade Street in Saint Paul by Notice of Violation dated
November 22, 2004, alleging a sale of tobacco products to a minox on November 15, 2004; and
WHEREAS, licensee did not respond to the Notice of Violation to contest and did not make
the payment of the fine; and
WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay by
December 1, 2004 that the matter would be placed on the c.onsent agenda to impose the
recommended fine; now, therefore, be it
RESOLVED, that Haben and Helen Food and Tobacco, Inc. d!b!a East St. Pau1 Mazket is
hereby ordered to pay a fine in the amount of $200.00 for the violation of sale of tobacco products
to a minor on November 15, 2004. Payment of fine shall be made within thiriy days of the date of
the adoption of this resolution.
� r �� Requested by Department of:
BY � .�G,���—�cti. �
,t Form Approved by City Attorney
Adopted by Council: Date ������, �W�1 , �
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By:
Appr
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepaKmenUofBcefwuncil: Date Initiated:
LP — LicenseRnspecuon/EnvironProt 02-DEC-04 Green Sheet NO: 3024513
Contact Person 8 Phone:
Virginia Palmer
266-8710
Must Be on Council qgenda by (Date):
� DeoartmeM Sent 7o Perso�
0 icense/In ec6o nviron Pro
A55ign 1 icenselin ectinn�Emiro Pro � De a en Director
Number 2 icv Att rne
Por 3 p iavo 's Offce I biavor/ASSista�t
Routing
Order 4 uncil
5 itv Clerk i Clerk
Total # of Signature Pages _(Clip Nt Locations fo� Signature)
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Approval of the attached resolution to take adverse action against the Cigazette/Tobacco license held by Aaben and Helen Food and
Tobacco, Inc. d!b/a East St. Paul Market (License ID#20030003140) for the premises located at 1019 Arcade Street in Saint Paul.
Recommendations: Approve (A) or
Planning Commission
qB Committee
Civil Service Commissian
Must Mswer the
(R):
'I. Has this person/firm ever worked under a conVact for this department?
Yes No
2. Has this personlfirm ever been a aty employee?
Yes No
3. Does this person/firm possess a skill not normally passessed by any
current city emp4oyee?
Yes No
Expiain ali yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On November 15, 2004, the licensee sold tobacco pcoducts to a minoi. Aftec notification, licensee has not responded to the Notice of
Violation to contest or pay ffie fine.
Advantages If Approved:
Compliance with the Saint Paul Legislative Code for the sale'of tobacco products to a minor.
DisadvanfapeslfApproved:
None
Disadvantages if Not Approved:
Non-compliance of the Saint Paul Legislative Code for sale of tobacco producu to minors.
Transaction:
Fundinq Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Numbes:
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CITY OF SAINT PAUL
Randy C. Kelly, Mayar
OFFICE C CHE CITY ATTORNEY
Manue! J. Cen�nn�u, City Atforney
CivilDivision
400 Ciry HaI7
I S West Ke(lagg B(vd.
Saint Pauj Minnesom 55IO2
Telephone: 65I 166-8710
Facsimile+ 651 293-5614
November 22, 2004
NOTICE OF VIOLATION
Owner/Manager
East St. Paul Market
1019 Arcade Street
St. Paul, MN 55106-3201
RE: Cigarette/Tobacco License held by Haben and Helen Food and Tobacco, Tnc. d/b/a East
St. Paul Market for premises located at 1019 Arcade Street in Saint Paul
License Il7 #20030003140
Dear Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigazette/tobacco license held by Haben and Helen Food and Tobacco,
Inc. d/b/a East St. Paul Mazket for premises located at 1019 Arcade Street in Saint Paul. The
basis for the recommendation is as follows:
On November 15, 2004, a tobacco compliance check was
conducted at the premises of East St. Paul Market located at
1019 Arcade Street in Saint Paul. A sixteen 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, which indicated she was underage. Nevertheless, the
clerk sold her a package of Marlboro Lights cigarettes. Sale of
tobacco to an underage person is a violation of Mlnn. Stat.
§609.85 and Saint Paul Legislative Code §324A7.
Since this is a first violation for the sale of cigarettes to an underage person, the licensing
office will recommend a$200.00 fine.
AA-ADA-EEO Employer
East St. Paul Market
November 22, 2004
Pa�e 2
At this time you have tluee options on how to proceed:
a�- !191�
If you do not dispute the above facts and do not wish to have a public hearing, you wiil
need to pay the recommended £ne for this violation. If this is your choice, you
should make payment directly to the O�ce of License, Inspections and
Environmental Protection, Room 300 Lowry Professional Building, 350 Saint
Peter Street, Saint Paul, Minnesota 55102. A self-addressed envelope is enclosed
for your convenience. Payment of the fine wili be considered to be a waiver of the
hearing to which you are entitled.
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
admittin� the violation and requesting a public hearing. We will need to receive your
letter by Wednesday, December l, 2004. 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 wi11 be scheduled before an Administrative
Law Judge. At that hearing 6oth you and the City will be able to appeaz and present
witnesses, evidence and cross-examine the otke;'s witnesses. The St. Paul City Council
will ultimately decide the case. If this is your choice, please advise my le�a1 assistant,
Julie Kraus and we will take the necessary steps to schedule the administrative hearing.
She can be reached at 266-8776.
If we have not heard from you by Wednesday, December ], 2004, we will assume
that you do not contest the facts and wiil schedule this matter for the St. Paul City Council
and have it placed on the Conseut Agenda during which no public discussion is allowed
and the recommended fine 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
sepazate action from this license matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
� / � (
!•,,, o�-c�- � ` c�
v ��
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Ms. Leslie McMunay, Executive Director, Payne Phalen District 5 Planning Council
1014 Payne Avenue, St. Paul, MN 55101-3933
AA-ADA-EEO Employer
v�- !19(�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly swom, deposes and says that on November 22,
20Q4, she served the attached NOTICE OF VIOLATION by placing true and correct copies thereof
in envelopes addressed as follows:
Owner/Manager
East St. Paul Market
1019 Arcade Street
St. Paul, MN 55106-3201
Ms. Leslie McMurray, Executive Director
Payne Phalen District 5 Planning Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(which are the last known address of said persons) depositing the same, with postage prepaid,
in the United'States maii at St. Pau1, Minnesota.
L! � �.1_I� :� ��. � _'�. _
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Subscribed and sworn to before me
thiG 22nd dav ofNovember, 2004.
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