05-1055Council File # ✓" _ �
Presented By
Referred To
Green Sheet � 3�a�5�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Committee: Date
WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by Grace
N. Xiong, d/b/a Case Mini Market (License ID#20030001856), for the premises located at 933 Case
Avenue in Saint Paul by Norice of Violation dated October 11, 2005, alleging a sale of tobacco
products to a minor on September 16, 2005; and
WHEREAS, licensee did not respond to the Notice of Violarion 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
October 21, 2005, that the matter would be placed on the consent agenda to impose the
recommended fine; now, therefore, be it
RESOLVED, that Grace N. Xiong, d/b/a Case Mini Market 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 September 16,
2005. Payment of fine shall be made within thirty days of the date ofthe adoption ofthis resolution.
Requested by Department of:
BY° C�..�.� � ��
� Form Approved by City Attorney
Adopted by Council: Date i�r8rr���� I oZO�
Adoption Certified by Council Secretary BY=�� �
BY : �.' V
� . //- �ppro y Mayor fo�bmi s' to ncil
Approved b or: Date � �
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� Green SheeY Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUoffice/councii: Date Initiated:
�P -�;�s�;o�n��,�ot Z��T-05 Green Sheet NO: 3028582
Contact Person & Phone• Department Sent To Person Initial/Date
RaChel GundeBOn � 0 ice sellns ec[ion nviron Pro
26G8710 Assign 1 icense/Ins ectio nvironPro De arbnentDirector
Must Be on Council qqenda by (Date): Number Z � tt ro
(� For
U `� Routln9 3 a or's O�ce Ma oNAssistant
Order 4 ouncil
5 i Clerk Ci Clerk
. Total # of Signature.Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolution to take advetse ac6on against the Cigarette/Tobacco license held by Grace N. Xiong, d/b/a Case
Mini Mazket (License ID#20030001856) for the premises located at 933 Case Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service ContracGs Must Mswer the Following Questions:
, pianning Commission 1. Has this person/firm ever worked under a contract for this departmenY?
� CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciry employee?
Yes No
3. Dces this personlfirm possess a skill noi normatty possessed by any
currentbity empioyee?
Yes No
Ezplain all yes answers oo- separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): �
- On September 16, 2005, licensee sold tobacco products to a xninor. After notificarion, licensee did.not respond to the Notice of
Violation.
Advantages 1f Apprwed:
Fine ittq�osed as required by Saint Paul Legislarive Code Section 324.07.
Disadvantasaes If Approved: RE��CI�E�
None.
� N6V � 1 2005
DisadvantageslfNOtApproved: �A�(�{�'S Q���(�
Fine nat imposed.
Total Amount of Cosf/Revenue Budgeted:
Transaction: �.���rP�, ('.aar,�a�
�� �,.,...
Punding Source: Activity Number:
Financial {nformation: " �1I11) 0 1 9 0�5
(Explain) I\U9 L
�
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
October 11, 2005
- - - - - ---- _.:_- =____
OS-/OSS"
OFFI��F Tf� CITY ATTORNEY
Manuel J. Cerv¢ntes; CiryAftorney
CiviZDiv�sion
40QCiryHaii TeTephane:651266-$71D
ISWestKelZoggBlvd. Facsimile:651298-5619
Saint Paul, Minnesota 55702
NOTICE OF VIOLATION
Owner/Manager
Case Mini Market
933 Case Avenue
St. Paul, MN 55106-3805
RE: Cigarette/Tobacco License held by Grace N. Xiong, d/b/a Case NIini Mazket for the premises located at
933 Case Ave�ue in Saint Paul.
License ID #2Q030001856
Dear Sir/Madam:
The Office of License Inspec6ons and Environmental Protection has recommended adverse action
against the Cigarette/Tobacco License held by Grace IV. Xiong, d/b/a Case Mini Market far the premises located
at 933 Case Avenue in Saint Paul. The basis for the recommendation is as follows:
On September 16, 2005, a tobacco compliance check was conducted at the Case Mini
Market for the premises located at 933 Case Avenue in Saint Panl. A sixteen year
old male entered the store and asked to buy cigarettes. He was not asked to show
his identification, which would have indicated he was underaqe. Nevertheless, the
clerk sold him a packa�e of Marlboro Lights cigarettes. 'Che 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 eigazettes to an underage person, tt�e licensing office will
recommend a $200.00 fine.
At this time you have three options on how to proceed:
You can pay the recommended fine. If this is your choice, you should make payment directly to the
Office of License, Inspections and Environmental Protecfion, at 8 Fourth Street East, Suite 200, St. Paul,
Miunesota 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 fiue will be considered to be a waiver of the hearing to which you are entitled.
AA-ADA-EEO Employer
Case Miiu Market
October 11, 2005 �
Page 2
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2. If you dp 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 facts and requesting a public
hearing. We will need to receive your letter no later than FYiday, October 21, 2005. The matter will
then be scheduled before the Ciry Council for a public hearing to determine if the fine should be
imposed. You will have an opportunity to appear before the Council and make a statement on your own
behalf.
3. If you dispute the above facts, you can request a hearing before an Administrative Law 7udge. At that
hearing both you and the City will be able to appear and present witnesses, evidence and cross-exainine
the other's witnesses. 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 from you by Friday, 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 pnblic discussion is allowed and the recommended fine will be
imposed.
Please be advised that the clerk who was identified as having made the sate on this date is also being
charged an adnunistrative 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,
��
Rachel Gunderso
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Grace Xiong, 1761 Wilson Avenue, St. Paul, MN 55106
Leslie McMurray, Payne-Phalen District 5 Plaimiug Council, 1014 Payne Avenue,
St. Paul, MN 55101-3933
AA-ADA-EEO Employer
�
STATE OF NIINNESOTA)
) ss.
COUNTY OF RAMSEY )
�
AFFIDAVIT OF SERVICE BY U.S. MAIj.
JiJLIE KRAUS, being first duly sworn, deposes and says that on October 11, 2005, she
served the attached NOTICE OF VIOLATTON by placing a true and correct copy thereof in an
envelope addressed as follows:
QwnerfManager
Case Mini Market
933 Case Avenue
St. Paul, MN 55106-3805
Grace N. Xiong
1761 Wilson Avenue
St. Paul, MN 55106
Leslie McMurray, Executive Director
Payne-Phalen District 5 Plamiing Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(which is the last known address of said person) deposiring the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
.
KRAUS
Subscribed and sworn to before
6�
JOANNE G. CLEMF
{V'GTpRY c� S' 1C.'uiil�.: ; � ;: � 3.
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