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04-903Council File # �� Green Sheet # �o�04�XCA c.l RESOLUTION SAINT PAUL, MINNESOTA Presented By Refezred 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 licence held by HolidayStationStores,Inc.,d/b/aHolidayStationStore (LicenseIDNo.0016584), for thepremises located at 500-7th Street East in Saint Paul by Notice of Violation dated August 27, 2004, alleging a sale of tobacco products to a minor on June 10, 2004; and WHEREAS, licensee did not respond to the Novice of Violarion to contest and did not make the payment of the fine; and WHEREAS, the Norice 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 Holiday StationStores, Inc. d/b/a Holiday Station Store is hereby ardered to pay a fine in the amount of $200.00 for the violation of sale of tobacco products to a minor on June 10, 2004. Payment of fine shall be made within thirty days of the date of the adoption of this resolution. Requested by Department of: 31 By: ��/►�LGJ��.L � �� Form Approved by City Adoption Certified by Council Secretary � Approved Date % `" �� C� �.''� Mayor f•or :� Adopted by Council: Date �oj�a,r� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nt�- AD3 Depar[menVoffiee/eouneil: Date Initiated: � � � LP 'LicensrJfnspecrioNEnvimnAot 07SEP-04 Green Sheet NO: 3022228 Conhct Person & Phone: � ��nt Sent To Person lnitiaUDate Vrginia Palmer 0 ic n n' P 2 �� ASSigO 1 icensel[ns ectio nvironPro D artmeptDireMOr Must Be on Coy�neil da by (Date): Number Z , Att rn G b u�� Fo� 3 a or's ifice Ma or/Assistant Routing Order 4 u cit 5 i Clerk i erk Totai # of Signature Pages _(Clip NI Locations for Signature) Action Requested: Approval of resolurion authorizing the O�ce of LIEP to take adverse acrion against the Cigarette/Tobacco license held by Holiday StarionStores, Inc., dlbfa Holiday Station Stoie�for the premises located at 500-7th S4eet in Saim Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Foliowing Questions: Planning Commission 1. Has this person/firm ever worked under a contract for ihis departrnent? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any � curzent city employee? Yes No Explain alt yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On June 10, 2004 licensee sold tobacco products to a minar. After notification, Holiday StarionStores, Inc. did not respond to the Notice of Violation to contest or pay the fine. AdvantageslfApproved: Compliance with e�stin� penalty xnatrix and the Saint Paul Legislative Code for sales of tobacco products to a minor. DisadvantaqeslfApproved: None Disadvantages If Not Approved: No enforcement on companies for sales of tobacco products to a minor. RECEIVED Total Amount of CasURevenue Budgeted: Transaction: ��,,r� �° Funding Source: Activity Number: A �� OFFICE Financial lnfortnation: (+Cp 1 � �, (Explain) JCf Y o�f - 903 SAIHT PAUL � I �R�R CITY OF SAINT PAUL Randy� C. Kel1y, May'or August 27, 2004 OFFICE O. dE CITY ATTOIL�tEY Manuell Cervnntu, Ciry Attorney CivilDivision 400 Ciry Hnl! /S Wut Kelbgg Blvd. Saini Parsl, Mirsnuota 55101 Telephone: 65I 266-8710 Focsim ile: 65I 298-56! 9 NOTICE OF VIOLATION Holiday StationStores, Inc. Holiday StationStore 500 7`" Street St. Paul, MN 55101 RE: Cigarette/Tobacco License held by Holiday StationStores, Inc, dba Holiday StationStore for the premises located at 500 7"' Street in Saint Paul. License ID #:0016584 Deaz Sirs: The Office of License Inspections and Environmentai Protection has recommended adverse action against the cigarette/tobacco license held by Holiday StationStore for the premises located at 500 7"' Street in Saint Paul. The basis for the recommendation is as follows: On Tune 10, 2004, a tobacco compliance check was conducted at the premises of Holiday StationStore located at 500 7 Streef in Saint Paul. A sixteen year old male entered the store and asked to buy cigarettes. He �vas not asked to show his identification, which would have indicated he was underage. Nevertheless, the clerk sold him a package of Camel cigarettes. Sale of tobacco to an underage person is a violation of Nlinn. 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 licensing office will recommend a$200.00 fine. AA-ADA-EEO Employer • Page 2 Holiday StationStore August 27, 2004 At this time you have three options on how to proceed: o� - 9d3 1• If you do not dispute the above facts and do not wish to have a public hearing, 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 Environmentai 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. Alternatively, 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 S�ptember 7, 2004. The matter will then be scheduled before the City Council for a public hearing to determine what penalty, if any, to impose. You wiil 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 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, glease advise my legal 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 heazd 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 at placed on the Consent Agenda during which no public discussion is allowed and the recommended penalty will be imposed. Please be advised that the cierk 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, `7/ ' e�,w-�1 G �p,� ) Virginia D. Palmer Assistant Cify Attomey cc: Christine Rozek, Deputy Director of LIEP Ms. Karin DuPaul, Community Organizer - Dayton's Bluff District 4 Community Council, 798 East Seventh Street, St. Paul, MN 55106-6625 AA-ADA-EEO Employer t�- 903 STATE OF MINNESOTA ) ) ss. COLINTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly swom, deposes and says that on August 27, 2004, she s erved the attached N OTICE V IOLATION b y p lacing t nxe a nd c orrect c opies t hereof i n envelopes addressed as follows: Holiday StationStores, Inc. Holiday StationS:�re 500 7"' Street St. Paul, MN 55101 Ms. Karin DuPaul, Community Organizer Dayton's Bluff District 4 Community Council 798 East Seventh Street St. Paul, MN 55106-6625 (which aze the last known addresses of said people) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � �S, I�V �' �/.. : 1�. �+3 , - Subscribed and sworn to before me --�.�..� .row�v�E c. c�n�rrrs •�� NOTARYp�gUC-MINNESpTA M YCOMMFSSIOM EXPIRES JAN. 37. 2CO5