05-10Council File # ��� \V
Green Sheet # ����
Presented By
Referred To
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Committee: Date
WHEREAS, adverse action was initiated against the CigazetteiTobacco license held by
E& E Liquors, Inc., dibla Erick's Baz (License ID No. 0016270), foz the premises located at 949-7th
Street East in Saint Paul by Notice of Violation dated December 1, 2004, alleging a sale of tobacco
products to a minor on November 22, 2004; and
WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation 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 13, 2004 that the matter would be placed on the consent agenda to impose the recommended
fine; now, therefore, be it
RESOLVED, that E& E Liquors, I�ic., dibla Erick's Bar is hereby ordered to pay a fine in th�
amount of $200.00 for the violation of sale of tobacco products to a minor on November 22, 2004.
Payment of fine shall be made within thirty days of the date of the adoption of this resolurion.
�,r�,—�� Requested by Department of:
Adopted by Council: Date �S
Adoption Certified by Council Secr tary
By
Approved
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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n.
BY= �JY �/'�� l.(.�.Ki �' ':R.a.�
Form Approved by City
By:
by Mayor
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By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP — Licensellnspection/Environ Prot
Contact Penon 8 Phone:
Vrginia Palmer
266-8770
Must 6e on Council F�qen
15-DEC-04
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Assign
Number
For
Routing
Order
Tota1 # of Signature Pages _(Clip All Locatlnns for Signature)
Action Requested:
Approval of the attached resolution to take adverse action against the CigazettePfobacco license held by E& E Liquors, Inc., d/b/a
Erick's Bar (License ID #0016270) for the premises located af 949-7th Street East in Saint Paul.
dations: Approve (A) or Reject
Planning Commission
CIB Committee
Civil Service Cotnmission
Personai
Must Mswer the
1. Has this person/firm ever worked under a contract for this depaAment?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee? �
Yes No
Explain ail yes answers on separate sheeY and attach to green shee:
v J'��
Green Sheet NO: 3024666
Deoartment 5e�t ro rerson
6 i n ec i nvir r
1 i ensef(as ti nlEuviran Pro De artment Direc[or
2 i ar
3 a4o 's Office � �Ta o/A s'stant
4 uncil
5 i Clerk i' erk
Initiating Problem, Issues, OppoRUn(ty (Who, What, When, Where, Why):
On November 22, 2004, licensee sold tobacco products to a minor. After norification, licensee has not responded to the Norice of
Violation to contest or pay the fine.
Adv,antagesffApproved:
Compliance wlth Saint Paul Legislarive Code for the sale of tobacco products to a minor.
Disadva�tages If Approved:
None.
DisadvaMages If IJot Aparoved:
Non-compliance with the Saint Paul Legislative Code for the sale of tobacco products to a minoc.
otat Amount of
Transac[ion:
Fundinp Source:
Cos7Revenue Bndgeted:
Activity Number:
� ��'
Financial Information:
(Explain)
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CITY OF SAINT PAUL
Rnndy� G Kelly�, biny�or
December 1, 2004
OFFICE THE CITY ATTO&�IEY
htanuel J. Cen�nntea, Cip� A�torttey t
O�� 1�
Civi! Division
400CiryHnlf Tefephone:b5l26b-87l0
15 1Vest Ke7logg Bh�d Fntsimile: 65/ 298-56/9
Saint Patd, Alinneaota 55l03
NOTICE OF VTOLATION
Owner/Mana�er
Erick's Bar
949-7th Street East
5t. Paul, M23 55106-3838
RE: CigarettelTobacco License held by E& E Liquors, Inc. d/bJa Erick's Bar for premises
located at 949-7th Street East in Saint Paul
License ID #0016270
Dear SirJNladam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the cigazette/tobacco license held by E& E Liquors, Inc. dlb/a Erick's Baz
for prem3ses located at 949-?th Street East in Saint Paul The basis for the recommendation is as
follows:
On November 22, 2004, a tobacco compliance check was conducted
at the premises of Erick's Bar located at 949-?th Street East in Saint
Paul. A sixteen year old female entered the store and asked to buy
cigarettes. She was not asked to show her identi5cation, which
would have indicated she was underage. Nevertheless, the clerk sold
her a package of Mariboro Lights cigarettes. Sale of tobacco to an
underage person is a violation of Minn. Stat. §609.85 and Saint Paui
Legislative Code §324.07.
Since this is a first violation for the sale of cigarettes to an underage person, the licensin�
office will recommend a$200.00 fine.
AA-ADA-EEO Employer
� Erick's Bar
December 1, 2004
Pa�e 2
At this time you have three options on ho�v to proceed:
o5-�u
1. If you do not dispute the above facts and do not wish to have a public hearing, you �vill
need to pay the recommended fine foz this violation. If this is }°our 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. A self-addressed envelope is enclosed
for your convenience. Payment of the fine will be considered to be a waiver of the
hearin� to which you are entitted.
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 Monday, December 13, 2004. The matter will then be scheduled before the City
Council for a public hearing to determine what penalty, if any, to impose. You �vill have
an opportunity to appeaz before the Council and make a statement on your own behalf.
3. If you do dispute the above facts, a hearin� 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 ultimately decide the case. If this is your choice, please advise my legai assistant,
Julie Kraus by Monday, December 13, 2004 and she 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 Monday, December 13, 2004, we wiil assume that
you do not contest the facts and �vill 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 fine 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, please feel free to contact me at (b51) 266-8710.
Sincerely,
'�f �,L�.cCCt—"' ��-(�.�u.c1
�
Virginia D. Palmer
Assistant City Attorney
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 £mployer