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05-140Council File # (�' �� Crreen Sheet # � S 3 4 PRESEN7ED BY 12EFERRED TO RESOLUTION CITY OF SAINT PATI.,1VI�iNESOTA 0 COMNIITTEE: DATE i WHEREAS, adverse action was initiated against the Cigarette/Tobacco License held by z Asbury Enterprises, Inc. (Lacense ID#20010005368) d/b/a Minni Market for the premises s located at 2019 East Minnehaha Avenue in Saint Paul, alleging the sale of tobacco products to a 4 minor; and s 6 7 S s io ii iz 13 WHEREAS, the Office of License, Inspections and Environmental Protecrion has recommended a $200.00 fine; and WHEREAS, the licensee has not contested the allegations; now, therefore be it RESOLYED, that Asbury Enterprises, Inc., d/b(a Minni Market is hereby ordered to pay a fine of $200.00 for the sale of tobacco products to a minor. i4 This Resolution, and the action taken above, are based upon the facts contained in the is January 12, 200'S, Notice of Violation letter sent to the licensee and the arguments made at the is Public Aearing on February 16, 2005. 17 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � . n�G_�Jr� DepaAmenUoffice/council: Date Initiated: v � •� v �p -t,,�e,����tto,,,�,riron�t 2���-0s Green Sheet NO: 3025034 Corrtad Person & Phone: Deoartment Sent To Person initial/Date Virginia Palmer � 0 i s nvir n 26&$71� Assign 1 icensel[ns ection/E vi nPro De a mentDireMOr Must Be on Gouncii Agenda by (Date)�: Number Z � e �l'�.�Q.�L i. '�},j� �ff° Ra�� 3 a or•s Office Mavor/Acsistant OfdOf 4 ouncil 5 ler Ciri Clerk Total # of Signature Pages _(Clip All Lowtions for Signature) . Action Requ�sted: Approval of the attached resolurion to take adverse acrion against the Cigazette/Tobacco License held by Asbury Entetprises, Inc., d/b/a Minni Market (License ID#20010005368) foz the premises located at 2019 Bast Minnehaha Avenue in Saint Paul. Recommendations: Approve (A} or Reject (ft): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? C{B Committee ' Yes No Civi4 Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this persoNfirtn passess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): � On December 28, 2004, ihe licensee sold tobacco products to a minor. After notificatioq the licensee requested a Public Hearing before Council to discuss the fine. AdvantageslfApproved: Compliance with the Saint Paul Legislative Code for the sale of tobacco products to a minor. Disadvantages If Approved: None. DisadvaMages ff NM Approved: Non-compliance with the Saint Paul Legislative Code for ffie sale fo tobacco products to a minor. Total Amount of CostlRevenue Budgeted: Transaction: Fundinq Source: ActivityNumber. � ���`�"� � Financia{information: � G O 2o�J {Expiain) R 05— t �tc� UNCONTESTED LICENSE MA.TTER Licensee Name: Address: Council Date: Violation: Date of Violation: Asbury Enterprises, Inc., dlbfa Minni Market 2019 East Minnehaha Avenue, St. Paul, MN Wednesday, February 16 @ 5:30 p.m. Sale of tobacco products to a minor in violation of Minn. Sta� §609.85 and Saint Paul Legislative Code §324.07. December 28, 2004 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 Fine Attachments: 1. Proposed resolution 2. Letter dated 1/18/OS from Kyle Dalton requesting a public hearing. 3. Notice of Violation dated 1l12lOS with Affidavit of Service. p5- tut� Minni Markef Dba Asbury Enterprises, fnc. 2019 East Minnehaha Avenue Saint Paul, MN 55119 January 1$, 2005 City of Saint Paul Ms. Vuginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Bouievazd Saint Paul, MN 55102 Re: Tobacco Compliance Violation 12l28/04 License # 20010005368 Dear Ms. Palmer: ��� JAN � i Z00; I have received your ]etter dated January 12, 2005 regazding the sale of tobacco to a minor which occutred December 28 2004. I was of course made awaze of the violation unmediately by the store manager. Minni Mazket is my only store and my prima�y source of income, and therefore I am typically at the store for a good portion of the work day. However, as it happens, I was out of town visiting family during the week of this violation. I do not wish to dispute the facts. My employee sold tobacco to a minor, and as my employee she is, at least in part, my responsibility. The employee who sold tobacco to this minor has been reprimanded. She has also been retrained an the procedures required to sell tobacco, the importance of checking a valid identificarion before selling tobacco to anyone who appears to be under the age of thirty. Should this employee ever commit this or any similaz violation again her employment will immediately be terminated. Normally, this rype of violafion by one my staff would result in immediate terminarion of employnnent. However, after a lengthy counseling session, I have chosen to conditionally retain this employee. She has up until this event been an exceptionai employee and has assured me that this was simply an act of negligence on her part, not intentional. As you can see from our history, Asbury Enterprises has never had a violarion of this nature. In fact, Minni Market has no had a violation of this type in over ten years of the same management. I would like the opportunity to present these facts to the city council and ask for lenience at this time, in part due to out excellent history. OFFICE C._ I'HE CITY ATTORNEY MnnerelJ. Cen•antes, CiyAttorney d5- ty� CITY OF SAINT PAUL Randy G Kelly. bfay'or 7anuary 12, 2005 Owner/Manager Minni Market 2019 Mannehaha Avenue East St. Paul, MN 55119-3927 c,•a o�,rs�o„ 40o Ciry� Halt IS LYUrKe(toggBb�A. Snint Pmd, bfinnesotn Si70? NOTICE OF VIOLATION Tetephone: 651 266-87l0 Frscsimil e: 651 298-5679 RE: Cigarette/Tobacco License held by Asbury Enterprises, Inc., d/b/a Minni Market for premises located at 2019 Minnehaha Avenue East in Saint Paul. LicenselD #20010005368 Dear SirlMadam: The Office of License Inspections and Environmental Protection has recommended adverse action against the CigarettelTobacco license held by Asbury Enterprises, Inc., d/b/a Minni Market for premises located at 2019 Minnehaha Avenue East in Saint Paul. The basis for the recommendation is as follows: On December 28, 2004, a tobacco compliance check was conducted at the premises of Minni Market located at 2019 Minnehaha Avenue East in Saint Paul. A sixteen year old female entered the store and asked to buy cigarettes. She was not asked to show her identification, which would have 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 Employer li�tinni Mazket January 12, 2045 Page 2 At this time you have three options on how to proceed: o5-��to If you do not dispute the above facts and do not wish to have a pubiic 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. A self-addressed en�•elope is enclosed for your convenience. Payment of the fine will be considered to be a waiver of the hearing to which you aze 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 wili 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 Councii and make a statement on your own behalf. 3. If you do dispute the above facts, a hearing wili be scheduled befoze an Administrative Law 3udge. 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 ad� my legal assistant, 7ulie Kraus and we wi11 take the necessary steps to schedule the administrative hearing. She can be reached at 26b-8776. If we have not heard from you by Monday, January 24, 2005, we wiil 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 dnring which no public discussion is aliowed and the recommended fine will be imposed. Please be advised that the clerk who was identified as havin� made the sale on this date is also being charged an administrative penalty pursuant to Mann. 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, �1 � � . '�-Q,�u \, �r.�� �� Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director af LIEP Mr. Chuck Repke, Executive Director, District 2 Community Council 1961 Sherwood Avenue, St. Paul, MN 55 1 1 9-3 230 AA-ADA-£EO Emptoyer OFFICE OF THE CITY ATTORNEY Mattue! J. Cen�nntes, Ciry At[orney p5-1 CITY OF SAINT PAUL c;,��D�vu�oR R¢ndy C. Kelty, Mayor 400 Ciry Halt Telephane: 6511668710 15WestXelloggBtvd. Facsimile:65l298-5619 Saint PauL Minnuota 55101 rrr� 7anuary 27, 2005 NOTICE OF COUNCIL HEARING Kyle Dalton President, IVIinni Market 2019 East Minnehaha Avenue St. Paul, MN 55119 RE: Cigarette/Tobacco License held by Asbury Enterprises, Inc., dfb/a Minni Market for the premises located at 2019 Bast Minnehaha Avenue in Saint Paul License ID #20010005368 Deaz Mr. Dalton: Piease take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for 5:30 p.m., Wednesday, February 16, 2005 in the City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. Enciosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter in that the facts concerning the sale of tobacco products to a minor have not been disputed. This matter has been placed on the public hearing agenda portion of the Caty Council meeting, during which public discussion is allowed. The recommendation of the license office is $2�0.00 fine. If you have any questions piease feel free to contact me at 266-8710. V ery truly yours, �� A �� ��� _-, Virginia � . Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP ✓Mary Erickson, Assistant Council Secretary, 310 City Hall Rachel Gunderson, City Attorney's Office Mr. Chuck Repke, Executive Director, District 2 Community Council, 1961 Sherwood Avenue St. Paul, MN 5 5 1 19-3230 AA-ADA-EEO Employer o5-�yo STATE OF MINNESOTA) ) ss. COUNTY OF RAMSBY ) AFr'IDAVIT OF SERVICE BY i3.S. MAIL 7tJLIE KRAUS, being fust duly swom, deposes and says that on January 12, 2005 she served the attached Notice of Violation by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Minni Market 2019 Minnehaha Avenue East St. Paul, MN 55119-3927 Mr. Chuck Repke, Executive Director District 2 Community Council 1961 Sherwood Avenue St. Paui, MN 55119-3230 (which is the last irnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paui, Minnesota. , •. < -: ���.�,.,�>o._�__ � .., - .,,� ; s�:f� .��., �. : �� a;t.t,ra� c. c�.;? �s , a . � f � ��.�:..s., - rti � SY��:T.^L:�i •'NiF.'�`{��y� N ' < 1 .''4�(•'�. V �e�.Y. Y�YT � (3 �.'.{�.r.nf: aF1� y �' ... �` ^'LV"'Si CouncilFile# �' ��'{ Green Sheet # � 5 3 PRESENTED BY REFERRED TO RESOLUTION CITY OF SAINT PAUL, MJ1�iNESOTA 0 COYS�TTEE: DATE i WHEREAS, adverse acfion was initiated against the CigarettefTobacco License held by z Asbury Enterprises, Inc. (License ID#20010405368) dlbJa Minni Market for the premises s located at 2019 East Minnehaha Avenue in Saint Paul, alleging the sale of tobacco products to a 4 minor; and s s v 8 9 10 ii 12 13 14 is 16 17 WHEREAS, the Office of License, Inspections and Environmental Protecfion has recommended a $200.00 fine; and WHEREAS, the licensee has not contested the allegations; now, Yherefore be it RESOLVED, that Asbury Enterprises, Inc., d/6/a Minni Market is hereby ordered to pay a fine of $200.00 for the sale of tobacco products to a minor. This Resolution, and the action taken above, are based upon the facts contained in the January 12, 2005, Notice of Violation letter sent to the licensee and the arguments made at the Public Hearing on February 16, 2045. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUOfifice/council: Date Initiated: O � _ �� �P — LicenseJtnspection/EnvironProt 2�-��-� Green Shee# NO: 3025034 � Co�tad Person & Phone: �rginia Palmer 266-871a Must Be on Council Aaen 0 i n nvir n ] ic se/ins ection/EnvironPro De artmentDireMOr z ; i 3 a or's Otfice rSa r/ i t 4 i I 5 i Cferk i er � Assign Number For Routing Order Tofai # of Signature Pages _(Clip All Locations for Signature) Approval of the attached resolurion to take adverse action against the Cigazette/Tobacco License held by Asbury Enterprises, Inc., d/bia Minni Market(LicenseID #20010005368}forthe premiseslocated at2019 EastMinnehaha Avenuein SaintPaul. �dations: Approve (A) or Reject (R): Planning Commissiort CIB Committee Civil Service Comm{ssion Personal Service Contracts Must Mswer the Foilowing 1. Has this persoNfirm ever worked under a contract for this departmenC? Yes No 2. Has fhis personfTirm ever been a c'rty employee? Yes No 3. �oes this person/firm possess a skill not normally passessed by any current city employee? Yes No Explain a0 yes answers on separate sheet and attaeh to green shee4 Initiating Problem, Issues, Opportunity (Who, What, When, Where, WhyJ: On December 28, 2004, the licensee sold tobacco products to a minor. After notificarion, the licensee requested a Public Hearing before Council to discuss the fine. AdvantaAes If Apprwed: Compliance with the Saint Paul Legislative Code for the sale of tobacco products to a minor. Disadvantages If Approved: Vone. isadvantages {f Not Alsproved: on-compliance with the Saint Paul I,egislative Code for the sale fo tobacco products to a minor. Transaction: Funding Source: inancial Infortnation: (Explain) CostJRevenue Budgeted: AcUviry Num6er. � �4�A�Pn�9 �`,R^{pf ,.: i. f�..; .,: i . �'�... 05— t �tc� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of Violation: Asbury Enterprises, Inc., d/b/a Minni Market 2019 East Minnehaha Avenue, St. Paul, MN Wednesday, February 16 @ 5:30 p.m. Sale of tobacco products to a minor in violation of Minn. Stat. §609.85 and Saint Paul Legislative Code §324.07. December 28, 2004 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $200.00 Fine Attachments: 1. Proposed resolution 2. Letter dated 1118/OS from Kyle Dalton requesting a public hearing. 3. Notice of Violation dated 1112i05 with Affidavit of Service. C�5-1�10 Mituti Maz'ket Dba Asbury Enterprises, inc. 2019 East Minnehaha Avenue Saint Paul, MN 55119 January I8, 2005 City of Saint Paul Ms. Vitginia D. Palmer Assistant City Attomey 400 Ciry Ha11 15 WestKelloggBoulevard Saint Paul, MN 55102 Re: Tobacco Compliance Vio3ation 12f28/04 License # 2�OIOOQ5368 Deaz Ms. Palmer: �ED�T..o �{.�1N � 3 20Q5 I hav� received yow letter dated Ja�uary 12, 2005 reguding the sale of tobacco to a minor which occurred December 28 2004. I was of course made aware of the violation immediately by the store manager. Minni Mazket is my only store and my primary source of income, and therefore I am typically at the store for a good portion of the work day. However, as it happens, T was out of town visiting family during the week o£ this violation. I do not wish to dispute the facts. My employee sold tobacco to a minor, and as my employee she is, at least in pact, my responsibility. The employee who so3d tobacco to this minar has been reprunanded. She has aLso been retrained on the procedures required to sell tobacco, the importance of checking a valid identification before selling tobacco to anyone who appears to be under the age of thirty. Should this employee ever commit this or any sicnilar violation again her emQloyment will 'unmediate3y be terminated. Normaily, this type of violation by one my staffwould result in immediate termination of employment. However, after a lengthy counseling session, I have chosen to conditionally retain this employee. She has np un61 tfiis event been an exceptional employee and has assured me thaz this was simply an act of negligence on her part, not intentional. As you can see from our history, Asbury Enterprises has never had a violarion of this nature. In fact, Minni Mazket has no had a violaHon of this type in over ten years of the same management I would like the opportunity to present these facis t4 the city council and ask for lenience at this time, in part due to our exceltent history. CITY OF SAINT PAUL Randy' C. Kelly, bta}�or 7anuary 12, 2005 NOTICE OF VIOLATION Owner/Manager Minni Mazket 2019 Minnehaha Avenue East St. Paul, MN 55 1 1 9-3927 OFFICE l,_ IT-IE CITY ATTORNEY Manue[J. Cervantes, CiryAttorney D9- t�� c�,•tT Drvision 400 Cig� XaI( I S iVert Xellogc, Bb�A. Snin/ Pmd, dtinnesotn 5310? Telephone: 65! 266-87l0 Fncsimi7e: 657 298-56I9 R.E: CigaretteiTobacco License held by Asbury Entetprises, Inc., d/b/a Minni Mazket for premises located at 2019 Minnehaha Avenue East in Saint Paul. License II7 #20010005368 Dear SirlMadam: The Office of License Inspections and Environmental Protection has recommended adverse action against the CigarettelTobacco license held by Asbury Enterprises, Inc., dJb/a Minni Market for premises located at 2019 Minnehaha Avenue East in Saint Paul. The basis for the recommendation is as follows: On December 28, 2004, a tobacco compliance check was conducted at the premises of M'snni Market located at 2019 Minnehaha Avenue East in Saint Paul. A sixteen year old Female entered the store and asked to buy cigarettes. She was not asked to show her identification, which would have 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 Employer Pvlinni Mazket 7anuary 12, 2005 Page 2 At this time you have three options on how to proceed: �S� ��� If you do not dispute the above facts and do not wish to have a public hearing, you wili 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 en��elope is enclosed for your convenience. Payment of the fine will be considered to be a�vaiver of the hearing to which you are entitled. 2. Altematively, if you do not dispute the above facts, but wish to have a public hearin� before the Saint Paul City Council, you wili need to send me a letter with a statement admitting the violarion and requesting a public hearing. We �vill 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. Xou will have an opportunity to appear 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 wili 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 adG�ise my legal assistant, Julie Kraus and we tivill 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, 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 charged 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 (651 } 266-8710. Sincerely, `d� ,r.u.�� `, �-�i�u«- . � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Mr. Chuck Repke, Executive Director, District 2 Community Council 1961 Sherwood Avenue, St. Paul, MN 55 1 1 9-323 0 AA-ADA-EEO Employer OFFICE OF THE CITY ATTORNEY ManuelJ. Cennntu, CiryAUOrney ��,�V CITY OF SAINT PAITL Civi1 Divisiort Randy G Ketly, Mayor 400 City Hnl! 7'e(ephone: 6512668710 I S West Kello,qg Blvd. F¢csimile: 657198-5619 Saint Pa«l, h/irsrtesOta SS101 �r.w January 27, 2005 NOTICE OF COUNCIL HEARING Kyle Dalton President, Minni Market 2019 East Minnehaha Avenue St. Paul, MN 55119 RE: Cigarette/Tobacco License held by Asbury Enterprises, Inc., cUbla Minni Mazket for the premises located at 2019 East Minnehaha Avenue in Saint Paul License ID #20010005368 Deaz Mr. Dalton: Please take notice that this matter has been set on the Public Hearing Agenda for the City Councii meeting scheduled for 5:30 p.m., Wednesday, February 16, 2005 in the City Council Chambers, Third Floor, Saint Paul City Hail and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to ihe City Council for their consideration. This is an uncontested matter in that the facts concerning the sale of tobacco products to a minor have not been disputed. This matter has been placed on the public hearing agenda portion of the City Councii meeting,.during which public discussion is allowed. The recommendation of the license o£fice is $200.00 fine. If you have any questions please feel free to contact me at 266-8710. Very truly yours, �� �,��-� � ( J/1 l, c2_!� � Virginia . Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of L1EP ✓Mary Erickson, Assistant Council Secretary, 310 City Hali Rachel Gunderson, City Attorney's Office Mr. Chuck Repke, Executive Director, District 2 Community Council, 19b1 Sherwood Avenue St. Paul, MN 55119-3230 AA-ADA-EEO £mployer o5-�yo STATE OF MINNESOTA) ) ss. COUNTY OP RAMSEY } AFFIDAVIT OF SERVICE BY U.S. MAIL JULIE KRAUS, being first duly swom, deposes and says that on January 12, 2005 she served the attached Norice of Violation by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Minni Market 2019 Minnehaha Avenue East St. Paul, MN 55119-3927 Mr. Chuck Repke, Executive Director District 2 Community Councii 1961 Sherwood Avenue St. Paul, MN 55119-3230 (which is the last laiown address of said person) depositing the same, with postage prepaid, in the LTnited States mail at St. Paul, Minnesota. , i • .. ��>•>;.«Q+.EaaL '; ` F.�ii«i1�l�C .�s. N s� .-¢ � z �,3?�� �Ir�t-s.r?EtC-�i�tw.'-9;:Tti - '�ik t b 5 A?Y�'.^v7v1fs:5:;:C{'. c� T �^ ��° F.'[Pf%cE$ 3R:ti. �i. 2",� � F ' - �.sx=xy-�r-