05-119Council File # O��`\
Green Sheet # 3oz, So3�
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Referred To
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Committee: Date
WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by
Kokaisel, Inc., d/b/a Paul's Lounge (License ID No. 20000004827), for the premises located at 1045
Hudson Road in Saint Paul byNotice of Violation dated January 12, 2005, alleging a sale oftobacco
products to a minor on December 29, 2004; 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 the
fine by January 24, 2005, that the matter would be placed on the consent agenda to impose the
recommended fine; now, therefore, be it
RESOLVED that Kokaisel, Inc., d/b/a Paul's Lounge is hereby ordered to pay a fine in th8
amount of $200.00 £or the violation of sale of tobacco products to a minor on December 29; 2004.
Payment of fine shall be made within thirty days of the date of the adoption of this resolution.
Yeas Navs Absent Reques�� y Department of:
Benanav � G P
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Adopted by Council: Date �$'
Adoption Certified by Council Sec tary
By:
Approved by /fN�ydr: Date
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By: �0�+.29.�- „ O�Qd
Form Approved by City
By:
Mayor for ��ibmis�si�r}� to
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Lp — Licrose/Inspection/Enriron Prot
Contac[ Person 8 Phone:
Vrginia Palmer
266-8710
CoundlAgenda
26JAN-05
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Assign
Number
For
Routing
Order
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Green Sheet NO: 3025032
0 i en n 'o nvi n o
1 icense/Ins ection/Environ ro De artme t Director
2 i A orn
3 avur's Office blavodAssis nt
4 n il
5 iN lerk i Qerk
Total # of Signature Pages _(Clip All Locations for Signature)
IniGal/Oate
Approval of the attached resolurion to take adverse action against the Cigarette/Tobacco liceuse held by Kokaisel, Inc., d!b(a Paul's
Lounge (License ID#20000004827) for the premises located at 1045 Hudson Road in Saint Paul.
idatlons: Approve (A) or R
Pianofng Commission
CIB Committee
Civil Service Commission
Personal Service Contracts
Questions:
1. Has this persoNfirtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
curzent city empfoyee?
Yes No
Explain ail yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On December 29, 2004 the licensee sold tobacco producu to a minor. After notification, licensee has not responded to the Norice of
Violarion to contest the allegation or to pay the fine.
Advantages If Approved:
Compliance with the Saint Paul Legislative Code for the sale of tobacco to a minor.
DisadvantaStes If Appmved:
None.
Disadvantageslf NotApproved:
Non-compliance with the Saint Paul Legislative �ode for the sale of tobacco to a minoz.
Transaction:
Fundinp Source:
Financial information:
(Explain)
CosURevenue Budgeted:
Activiry Number.
G4!K'�?� �9S?3°G�' �;E^tat
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OFFICE � I'HE CITY ATIORNEY
Afnnuel J. Cen�nntu, Ciry At�orne}� `
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CITY OF SAINT PAUL c;,.<ro,�rs,o„
RandyC.Kelly,bfayor 400CiryHa11 Telephone:651266-87/0
li Wut Kellogg Bh•d. Fnuimile: 651 298-56/9
Saint Pnul, Flinrtesoln 55/OZ
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January 12, 2005
NOTICE OF VIOLATION
OwnerlManager
Paul's Lounge
1045 IIudson Road
St. Paul, MN 55106-6106
RE: Cigazette/Tobacco License held by Kokaisel, Tnc. d/b/a PauPs Lounge for premises
located at 1045 Hudson Road in Saint Paul.
License ID #20000004827
Dear Sir/Madam:
The Office of License Inspections and Environmental Protection has recommended
adverse action against the Cigarette/Tobacco license held by Kokaisel, Inc, dib/a Paul's Lounge
for premises located at 1045 Hudson Road in Saint Paul. The basis for the recommendation is
as foliows:
On Aecember 29, 2004, a tobacco compliance check was conducted at
the premises of Paul's Lounge on 1045 Hudson Road in Saint Paul. A
sixteen year old female entered the store and asked to buy cigarettes.
She was asked to show her identification, and did so. It correctly
stated her date of birth, which indicated she was underage.
Nevertheless, the clerk sold her a package of Marlboro Lights
cigarettes. 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 cigarettes to an underage person, the licensing
office will recommend a$200.00 fine.
AA-ADA-EEO Emptoyer
� Paul's I,ounge
January 12, 2005
Page 2
At this time you have three options on how to proceed:
p�j-�l�
If you do not dispute the above facts and do not wish to have a pubiic hearing, you wi11
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. A self-addressed envelope is enclosed
for your convenience. Payment of the 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 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 Monday, January 24, 2005. 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 appeaz 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 Counci?
will ultimately decide the case. If this is your choice, please advise my legai assistant,
Julie Kraus and we �vill take the necessary steps to schedule the admiaistrative hearing.
She can be reached at 266-8776.
If we have not heard from you by Monday, January 24, 2005, 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 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
sepazate action from this license matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
�/� ':'�ZL�J��-.2h
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Virginia D. Palmer
Assistant City 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 Employcr
Ch
STATE OF MINNESOTA )
) ss.
COUNTY OF Rt1MSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly sworn, deposes and says that on January 12, 2005,
she served the attached NOTICE OF VIOLATION by placin; true and correct copies thereof in
envelopes addressed as foliows:
Owner/Manager
Paul's Lounge
1045 Hudson Road
St. Paul, MN 55106-6106
Ms. Karin DuPaul, Community Organizer
Dayton's Bluff District 4 Community Council
798 East Seventh Street
St. Paul, MN 55106-6625
(which are the last lrnown addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
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Subscribed and sworn to before me