04-902Council File # D� — ���
Green Sheet # ���� 0
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
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Cottanittee: Date
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WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by
Santos Y. Khamvongsa d/b/a El Amanecer Mazket (License ID No. 20030004889), for the
premises located at 800-7th Street East in Saint Paul by Notice of Violation dated August 27, 2004,
aileging a sale of tobacco products to a minor on July 21, 2004; and
WHEREAS, licensee did not respond to the Novice 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
September 7, 2004 that the matter would be placed on the consent agenda to impose the
recommended fine; now, therefore, be it
RESOLVED, that Santos Y. Khamvongsa d/b/a El Amanecer IVlarket is hereby orrlered to
pay a fine in the amount of $200.00 for the violation of sale of tobacco products to a minor on
July 21, 2004. Payment of fine shall be made within thirry days of the date of the adoption o£ this
resolution.
�� ��, r r� Requested by Department of:
By: l �����1..�M.Ln� !'7 ic�s<,[_.O i
Form Approved by City
Adoption Certified by Council Secretary
By:
Approved by
sy:
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By:
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Adopted by Council: Date y-a�-�s�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DepartmeM/office/council: Date initiated:
LP U«��p��n���= 07SEP-04 Green Sheet NO: 3022230
Contact Person 8 Phone:
V rginia Palmer
26Cr8710
Must Be on Council Agenda by (Date�:
c.orcr&��/r
� Deoartment SentToPerson
0 ice n"r n r
A55ign I icensell ection/Environ Pro e artment irector
Number 2 �p. rn
For
Routing
3 or's Office hia or/AssistaM
OfdBf 4 ncit
5 i Clerk Ciri CI rk
Total # of Signature Pages _(Clip A4l LncaGoas for Signature)
y ���.��.
Approval of a resolution authorizing the Office of LIEP to take adverse acrion against the CigazettefTobacco license held by Santos Y.
Khamvongsa d/b/a El AmanecerMazket for the premises located at 800-7th Street in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Service Contracts Must Mswer the Foilowing Questions:
1. Has this person/firm ever worked under a conVact for this department?
Yes No
2. Has this personffirm ever been a city empioyee?
Yes No
3. Does this person/firtn possess a skill not nortnafly possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Probiem, Issues, Opportuniry (Who, What, When, Where; Why):
On July 21, 20041icensee sold tobacco products to a minor. After notificarion, El Amanecer Market did not respond to the Norice of
Violation to contest or pay the fine.
AdvantaqeslfApproved:
Compliance with existing penalty mahix and the Saint Paul I,egislative Code for sates of tobacco pzoducu to a minor.
Disadvan W 9es If Approved:
None.
Disadvantages If Not Approved:
No enforcement on companies for sales of tobacco products to a minor.
'otal Amount of
Transaction:
Fundinp Source:
Financial Information:
(F�cplain)
Cost/Revenue Budgeted:
Activiri Number:
SEP 0 9 Z���
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,: � � I�e_;.
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SAINi
PAUL
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CITY OF SAINT PAUL
Randy G Ke[[Y. Mayor
August 27, 2004
OFFICE C 'IE CITY ATTORNEy
MrsnuelJ. Cervnntes, CityA�farney
c,��,rD,v,s,on
a00 Ciry Hal[
!S West Kellogg B[vd,
Saint Paul, Minnesotn SSIO2
Telephone: 65! 266-87/p
Focsim il e: 651198-5619
NOTICE OF VIOLATION
Santos Y. Khamvongsa
El Amanecer Market
800 7`" Street East
S� Paul, MN 55106
RE: Cigarette/Tobacco License held by Santos Y. Khamvongsa, dba El Amanecer Mazket, for
the premises located at 800 7"' Street East in Saint Paul.
License ID #:20030004889
Dear Mr. Khamvongsa:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigazette/tobacco license held by Santos Y. Khamvongsa, dba El
Amanecer Market for the premises located at 800 7t Street East in Saint Paui. The basis for the
recommendation is as foliows:
On July 21, 2004, a tobacco compliance check was conducted
at the premises of EI Amanecer Market located at 800 7`" Street
East in Saint Paui. A seventeen year old male entered the store
and asked to buy cigarettes. He was asked to show his
identification, and did so. It correctly stated his date of birth,
which indicated he was underage. Nevertheless, the clerk sold
him a package of Marlboro Lights cigarettes. Sale of tobacco
to an underage person is a violation of Minn. Stat. §609.85 and
Saint Paul Legislative Code §324.07.
Since this is a first violation for the sale of cigarettes to an underage person, the licensin�
office wili recommend a$200.00 fine.
At this time you have three options on how to proceed:
AA-ADA-EEO Employer
Page 2
El Amanecer Mazket
August 27, 2004
o�- 90�.
If you do not dispute the above facts and do not wish to have a public hearing, you will
need to pay the recommended fi f
ne or this violahon. If ttus 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.
2. Aitematively, if you do not dispute the above facts, but wish to have a public hearing
before the Saint Paul City Council, you wili need to send me a letter with a statement
admitting the violation and requesting a pubiic hearing. We will need to receive your
letter by September 7, 2004. The matter will then be scheduled before the City Council
for a publ:c hearing to determine what penalty, if any, to impose. You will have an
opportunity to appeaz before the Councii and make a statement on your own behalf.
j. 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 appeaz and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council
will uitimately decide the case. If this is your choice, please advise my legal assistant,
7ulie 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 Tuesday, September 7, 2004, 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 penaltypursuant to Minn. Stat. §461.12, subd. 3. This is a
separate action from this license matter.
If you have any questions, piease feel free to contact me at (651) 266-8710.
Sincerely,
�/chC�� ��,,,��
Virginia D. Paimer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Ms. Karin DuPaul, Community Organizer - Dayton's Bluff District 4 Community
Council, 798 East Seventh Stree, St. Paul, M1V 55106-6625
AA-ADA-EEO Employer
o�f 90�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAII,
MEGHAN McGIVERN, being first duly sworn, deposes and says that on August 27, 2004,
she s erved the attached N OTICE V IOLATION b y p lacing t rue a nd c orrect c opies t hereof i n
envelopes addressed as follows:
Santos Y. Khamvongosa
El Emanecer Mwket
800 7`� Street
St. Paul, MN 55106
Ms. Karin DuPaul, Community Organizer
Dayton's B1uffDistrict 4 Community Council
798 East Seventh Street
St. Paul, MN 55106-6625
(which are the last known addresses of said people) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
�� � � u I �,� ���1� . .i.�, .
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Subscribed and sworn to before me
this 27th day of August, 2004.
JOANNE G. CLEMENTS
���� NpTARY?UB(1C-MINNESOTA
R9Y CObiMtSSION
EXPiRc'S dAN 31, 2W5