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04-1196Council File # O ` � f ��� Green Sheet # JQ��'{ r J � J RESOLUTION Presented Hy Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 , � �... By: Appr By: 0�-l19� � 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) . y u�a.c... 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: .� �2�E? �rPnt2r ��L 1 J ZoOY o �F- � � 9� 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. 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