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05-1054Council File # D � _ /O �� Green Sheet # ✓ S `� Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, adverse action was initiated against the Cigazette/Tobacco licence held by EndeavorFinancial,Inc., d/b/aCurrencyExchangeIV(LicenseID#19990002805),forthepremises located at 577 UniversityAvenue West in Saint Paul byNotice of Violation dated October 11, 2005, alleging a sale of tobacco products to a minor on September 8, 2005; and WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation and did not make the payxnent of the fine; and WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay by October 21, 2005, that the matter would be placed on the consent agenda to impose the recommended fine; now, therefore, be it RESOLVED, that Endeavor Financial, Inc., d/b/a Currency Exchange IV 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 September 8, 2005. Payment of fine shall be made within thirty days of the date of the adoption of this resolution. r Requested by Department of: ay: "✓I'�� IT" �✓ � � �� orm Approved by City Attoxney Adopted by Council: Date ��'Y,�'��CX�� Adoption Certi 'ed by Council Secretary BY� � v By: � � �&ppro d y MayoP for bm� Approved by D,ay : Date � BY = .. ��/` � /�iI 1 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � � Green os- � as�- Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUofficelcouncii: - Date Initiated: �p — Lice❑se/Inspecrion/EnvimnProt 25-OCT-05 Green Sheet NO: 3028587 ConWCt Pereon & Phone- Denar6nent Sent To Person InitialiDate Rachel GundeBOn � 0 ice ' n nviron ro 2658710 p�,,�gn 1 icensellns ecfion/EnvironYro De a entDirector Must Be on Council Pyenda by (Date): Number Z i Attom 1 For ' Routing 3 a or's Office Mavor/Assistant Order 4 ouncil 5 Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Appioval of the attached resolution to take adverse action ao inct the Cigazette/Tobacco license held by Endeavor Financial, Inc., d/b/a Gtiurency Exchange IV (License ID#19990002805) for the prexnises located at 577 University Avenue West in Saint Paul. � Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for fhis department? CIB Committee Yes No . � ' Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): On September 8, 2005, licensee sold tobacco products to a xninor. After notification, licensee did not respond to the Notice of Violation. �� AdvanWAeslfApproved: , , Fine imposed as per St. Paul Legislarive Code Secrion 324.07. DisadvantapeslfApproved: None. �0`d � � 2005 MAYOR'S OFFICE Disadvantages If Not Approved: , Fine not imposed. Total Amount of Cost/Revenue Budgeted: -_ Transaction: Funding Source: Activity Number: � €v g ietd�$�°,a,°'� �neaiy`°y�R° 0.<`,51`StF'J� Financial Information: (Explainj A �0 1a o 1 �U#!� Itl m T � - - --- - --- OS- / �S =_- OFFIC�F THE CITY ATTORNEY ManuelJ. Cerv¢ntes, CiryAitorney CITY �F St1tiV T pti V L CiviZDivision Rnndy C Kelly, Mayor 400 Ciry HaZI Telephorze: 651266-87]0 ISWutKelToggBlvd. Facsimi1e:657298-5679 SaintP¢ul,Minnesota 55102 �a� October 11, 2005 NOTICE OF VIOLATION Owner/Manager Currency Exchange IV 577 University Avenue West St. Paul, MN 55103 - 1940 RE: CigaretteJTobacco License heid by Endeavor Financial, Inc., d/b/a Currency Exchange N for the premises located at 577 University Avenue West in Saint Paul. License ID #19990002805 Dear Sir/Madam: The Office of License Inspections and Environmental Protection has recommended adverse action against the Cigarette/Tobacco License held by Endeavor Financial, Inc., d/b/a Currency Exchange N for the premises located at 577 University Avenue West in Saint Paul. The basis for the recommendation is as follows: On September 8, 2005, a tobacco compliance check was condncted at the Currency Exchange IV for the premises located at 577 University Avenue West in Saint Paul. A fifteen year old male entered the store and asked to buy cigarettes. He was not asked to show his identi�ication, which would have indicated he ivas undera�e. Nevertheless, the clerk sold him a packa�e of Marlboro Lights cigarettes. The sale of tobacco to an underage person is a violation of Minn. Stat. §609.85 and Saint Panl 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. At this time you have three options on how to procaed: You can pay the recommended fine. If this is your choice, you should make payment directly to the Office of License, Inspecfions and Environmental Protecrion, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday, October 21, 2005. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the fine will be considered to be a waiver of the hearing to wluch you aze entitled. AA-ADA-EEO Employer .Curre�cy Exchange IV �� -. October 11, 2005 Page 2 2_ If you do not dispute the above facts, but wish to haue a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter no later than Friday, October 21, 2005. The matter wi]1 then be scheduled before the City Council for a public heaiing to detekzniue if the fine should be imposed. You will have an opportnnity to appear before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Adwinistrative Law Judge. At that hearing both you and the City will be abie to appear and present witnesses, evidence and cross-exawine the other's Svitnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Friday, October 21, 2005, and I will take the necessary steps to schedule the administrative hearing. If I have not heard fram you by PYiday, October 21, 2005, I will assume that you do not contest the facts of the violation 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 fine will be imposed. Please be advised that the clerk who was idenrified as ha�ing made the sale on this date is also being charged an aduliiustrative penalty pursuant 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, �� Rachel Gunderson Assistant City Attorney cc: Cluistine Rozek, Deputy Director of LIEP Gary Rieland, 3620 Independence Avenue, #14, St. I,ouis Pazk, MN 55426 Tate Danielson, Community Organizer, Thomas-Aale/District 7 Planniug Council, 689 North Dale Street, St. Paul, MN 55103-1644 AA-ADA-EEO Employer �. � STATE OF NIINNESOTA) ) ss. COUNTY OF RAMSEY ) AF'1�'IDAVIT OF SERVICE BY U.S. MAIL NLIE KRt�US, being first duly swom, deposes and says that on October 11, 2005, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Currency Exchange IV 577 University Avenue West St. Paul, MN 55103 Gary Rieland 3620Independence Avenue #14 St. Louis Park, MN 55426 Tate Danielson, Community Orgasrizer Thomas-AalelDistrict 7 Plannuig Councii 689 North Da1e Street St. Paul, MN 55103-1644 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. , K.RAUS Subscribed and_ swpm to before me t�s ��Q c�� JOANNF G. CLEMENTS tdOTRRY PUBLIC-MINPESOTA RAY COMMISSION EXPIRES JAN.31, 201 0