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04-996Council File # Q 7 � � � r Green Sheet # ��Q� RESOLUTION CITY OF SAINT PAUL, MINNESOTA PRESE\'TED BY 1�FERRED TO �� CO_l1MITTEE- DATE i WHEREAS, adverse action was initiated against the Cigazette/Tobacco license held by z H& X Sausage, LLC, d/b/a H& X Sausage for the premises located at 1214 Thomas Avenue in s Saint Paul by Notice of Violation dated May 13, 2004, alleging a sale of tobacco products to a 4 minor on Mazch 24, 2004; and s s WHEREAS, licensee did not respond to the Notice of Violation to contest and did not v make the payment of the fine at that time; and s s WHEREAS, the Norice of Violation stated that if the licensee failed to respond by May io 24, 2004 that the matter would be placed on the consent agenda to impose the recommended ii penalty; and iz 13 24 15 is iv is 19 zo zi zz WfIEREAS, on August 1�, 2004, by CF #04-801 the City Council approved the zmposition of a$200 fine wluch was to be paid by October 1, 2004, anc3 WHEREAS, the licensee did not respond or make payment of the fine by the deadiine; now therefore, be it RESOLVED, that the Cigarette/Tobacco license held by H& X Sausage, LLC, d/b/a H& X Sausage is hereby suspended until such time as the required $200 fine is paid. � ♦ °`�"�'�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUo�ce/council: Lp — Licenseltnspec[ianlEnviron Rot Corhact Person & Phone: Vrginia Palmer 266-8710 on Council Agenda Date Initiat OS-OCT-04 y Assign Num6er For Routing Order Tofal # of Signature Pages ^ (Clip All Locations for Signature) Approval of resolution to take adverse acrion against the cigazette/tobacco license held by H& X Sausage, LLC (License ID #20010001416) for the premises located at 1214 Thomas Avenue in Saint Paui. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 1. Has this personlfirm ever worked under a contract for this department? Yes Na 2. Has this personlfirm ever been a city employee? Yes No Green Sheet NO: 3023103 Devartment Sent To Person 0 icen n ectio nvir n ro 1 icen ns ectio nvironPro De artmentDirector 2 iN ttorn 3 a or's Oftice Ma odAssistan[ 4 n ii 5 i lerk itv lerk 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain ail yes answers on separafe shee: and attaeh to greEn sheec Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On Mazch 24, 2D04, licensee sold tobacco products to a minor. After repeated norificarion, H& X Sausage has not responded to the Norice of Violafion to contest or pay the fine. AdvantaaeslfApproved: Compliance with existing penalty matrix and the Saiut Paul Legisla6ve Code for sales of tobacco products to minors DisadvantageslfApproved: None DisadvantagesltNotApproved: I3o enforcement on companies fo: sales of tobacco pxoducu to minoxs. otat Amount of Transaction: FundinA Source: Fi nancial Information: (Explain) CostlRevenue Budgeted: Activity Number: ;. a . ,r.= c. OCT i l 1004 , o�- 99� OFFICE OF LICENSe, INSPECTIONS AND ENVIRONMENTAL PROTECTIOY Janeen E. Rosas, Director CITY OF SAINT pAUI, Randy C Ke(ly, Mayor September 16, 2004 LOWRYPROFESSIONALBUILDNG TelephoRe: 65 1-266-9090 350 St. Peter Stree; Sui[e 300 Facsimi[e: 6 5l-166-9l24 SaintPaul,Minnerot¢SSl02-ISIO {Yeb: vnvw.liep.us IMPOSITION OF FINE Mai Xiong H & X Sausage LLC 1214 Thomas Avenue Saint Paul, MN 55104 Dear Mai Xiong: : ,.,,_. � ._. _.. `- �„_�� , _ ._. . . . _ Enclosed is a copy of City Council Resolution Number 04-801 which imposes a fine for the following violation: Sale of tobacco or tobacco products to a minor. The fine was approved and ordered by the Saint Paul City Council in final written form at the Council's regular meeting on August 18, 2004. The effect of this notice is a fine in the amount of $200.00 is due for the above mentioned offense which is payable no later than the close of business (4:30 p.m.) on Friday, October 1, 2004. Please call me at 266-9108 if you have questions regarding this matter. Sincerely, C��,�: � ��.,�-� Christine A. Rozek Deputy Director CAR/lab enclosure cc: Westem District Commander-SPPD Janeen E. Rosas, Director-LIEP Julie Kraus, Legal Assistant Kris Schweinler, Senior License Inspector AA-ADA-EEO Employer .�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To �9 Committee: Date 1 WAEREAS, adverse action was initiated a�ainst the Cigarette/Tobacco license held by ? H& X Sausa;e, LLC, d/b/a H& X Sausa�e for the premises located at 1214 Thomas Avenue in 3 Saint Paul by Notice of Vio]ation dated May 13, 2004, a]le�in� a sale of tobacco products to a � minor on March 24, 2004; and 5 6 WHEREAS, licensee did not respond to the Notice of Violation to contest and did not 7 make the payment of the fine; and 10 11 12 13 14 15 16 WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay by May 24, 2004 that the matter would be placed on the consent a�enda to impose the recommended fine; now, therefore, be it RESOLVED, that H& X Sausa�e, LLC, d/b/a H& X Sausa�e is hereby ordered to pay a fine in the amount of $200 for the violation of sale of tobacco products to a minor on March 24, 2004. Payment of the fine shall be made within thirty days of the date of the adoption of this resolution. Date <�s«4�`C�t/�`¢ZOGt/ �� a i �,�. _. �� T , �-d.Z �..�r Dy- 991� _ . Council Fi]e � � 7� D� � Green Sheet n 3021709 ��- 99� OFFICE Or i HE CITY ATTORNEY Manue[J. Cervarstes, CiryAttomey CITY OF SAINT PAUL RandyC, Ke[ly, Mayor May 13, 2004 Owner/Manager H & X Sausage, LLC 1214 Thomas Avenue Saint Paul, MN 55104 Civi! Division 400 City Haf( IS West Xe(logg B(vd, Saint Pou1, Minnesom Si10? NOTICE OF VIOLATION Telrphone: 651266-8770 F¢csimile: 6�! 29&56/9 RE: Cigarette/Tobacco License held by H& X Sausage, LLC d/b/a H& X Sausane, LLC, for the premises located at 1214 Thomas Avenue in Saint Pau] License ID #: 20010001416 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 follows: On March 24, 2004 a tobacco compliance check was performed on the premises of A& X Sausage, located at 1214 Thomas Avenue in Saint Paul. A sixteen-year old male entered the establishment and, although he was asked for identification and showed an ID which correctly showed his age and showed him to be underage, he was able to purchase a package of Newport cigarettes. 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: 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 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 AA-ADA-EEO Employer . . H & X Sausage, LLC May 13, 2004 Page 2 o�- 99,� fine will 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 Paui City Council, you will need to send me a letter with a statement admittin� the violation and reguestin� a public hearin�. We wiil need to receive your letter by Monday, May 24, 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. 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 contact me, and we will take the necessary steps to schedule the administrative hearing. I can be reached at 266-8710. If we have not heard from you by Monday, May 24, 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 chazged 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, p]ease feel free to contact me at (651) 266-8710. Sincere]y, ��`��w��\��-. Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Hamline Midway Coalition, 1564 Lafond Avenue, Saint Paul, MN 55104 AA-ADA-EEO Employer ��f- 99� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFF`IDAVIT OF SERVICE BY U S MAIL MEGHAN McCrIVEIZN, being first duly swom, deposes and says that on May 13, 2004, she served the attached NOTICE OF VIOLATION by placing a hue and correct copy thereof in an envelopes addressed as follows: Owner/Manager H & X Sausage, LLC 1214 Thomas Avenue Saint Paul, MN 55104 Hamline Midway Coalition 1564 Lafond Avenue Saint Paul, MN 55104 (which is the last known address of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � + �� .f / _ l � .1�4 . � Subscribed and sworn to before me this 13th day of Mav. 2004. �-K..-�. -�� .4�AMnE G. CIEIUENTg NO fARY P(/8UC- MINNESOTA ' MYCOMiMISSiON ^•".• EXPIRES J2N ?+,. Zpps