05-367U V �����
S�'� �D� /'�
Council File # _v� ����
Green Sheet # Jd � � �O�L'i
RESOLUTIOPI
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
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WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence he by
Eastern Heights Amoco, Inc., d/b/aEasternHeights Amoco (License ID#0078902), forthe emises
located at 1785 Suburban Avenue in Saint Paul by Notice of Violation dated Mar 31, 2005
alleging a sale of tobacco products to a minor on March 25, 2005; and
WHEREAS, licensee did not respond to the Notice of Violation to c test the allegation or
make payment of the fine; and
WHEREAS, the Notice of Violation stated that if the lice ee failed to respond or pay by
April, 11, 2005, that the matter would be placed on the consent enda to impose the recommended
fine; now, therefore, be it
RESOLVED, that Eastern Heights Amoco, c., d/b/a Eastem Heights Amoco is hereby
ordered to pay a fine in the amount of $200.00 f the violation of sale of tobacco products to a
minor on March 25, 2005. Payment of fine all be made within thirry days of the date of the
adoprion of this resolution.
Requested by Department of:
i rEP
by Council: Date �/'✓1 � a-7,ac7c��
�tion Certified by Council Secretary
_� � //Ji�.C�Sdiz .
Approved by Mayor: Date
By:
BY: c�.,.�.� ��-
Form Approved by City Attorney
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepaRmenUofficelcouncit: Date Initiated:
LP -���n�����t ��-�R-0S Green Sheet NO: 3026086
CoMact Person 8 Phone- DeoartrneM Sent To Person InRiallDate
Rachel Gunderson � 0 ice ns ecti n'mn ro
2 �'$��� ASSign 1 ��ens ns ectio nvironPro D artmen Director
Must Be on Councii qqesrda by {Date): Number Z , p rn
/3 For
�'�' Routing 3 a or's Oftice MavodA sistant
Order 4 u cil
5 i lerk Ci C erk
ToWt # of Signature Pages _(Clip All Loeations for Signature)
Action Requested:
Approval of the attached resolution to take adverse action against the Cigazette/Tobacco license held by Eastem Heighu Amoco,
Inc., d/b/a/ Eastern Heights Amoco (License ID#0078902) for the premises located at 1785 Suburban Avenue in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirm ever been a city empioyee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current ciry employee?
Yes No
Ezplain ail yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): '
On March 25, 2005, licensee sold tobacco products to a minor. Afrer norificarion, licensee did not respond to the Notice of Violation to
contest or pay the fine.
AdvantaneslfApproved:
Compliance with existing penalry mahix and the St. Paqi Legislarive Code for sales of tobacco products to a minor.
DisadvantaAeslfApproved:
None
DisadvanWges If Not Approved:
No enforcement on companies for sales of tobacco pxoducu to a minor.
Total Amount of Cost/Revenue Budgeted:
Trensaction: �e�S3�;� ��.��e�av;� $"?��}g
FundinA Source: Activitv Number:
Financiallnformation: �y�� � � �1RAG
(F�cPlain) . CL�eF
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OFFICE � :'fIE CITY ATTORNEY
Mnnuel J. Cervm¢es, City A(lorney
CITY O� SAINT PAUL
Randy C. Kelly. A�fayor
March 31, 2005
Eastem Heights Amoco
1785 Suburban Avenue
St. Paul, MN 55119-4313
Civi7 Division
400 Ciry Ha1[
IS {i'esr Kel[ogg B[vd.
Snint Pauf. /vfinnetota 55l0?
NOTICE OF VIOLATION
Telephone: 651266-87! 0
Facsimile: 65! 298-5619
RE: Cigarette/Tobacco License held by Eastern Heights Amoco, Inc., d/b/a Eastern Hei�hts
Amoco for premises located at 1785 Suburban Avenue in Saint Paul.
License ID #0078902
Dear Sir/Madam:
The Office of License Inspections and Environxnental Protection has recommended
adverse action against the Cigarette/Tobacco License held by Eastern Heights Amoco, Inc., d/b/a
Eastem Heights Amoco for premises located at 1785 Suburban Avenue in Saint Paul. The basis
for the recommendation is as follows:
On March 25, 2005, a tobacco compliance check was conducted at the
premises of Eastern Heights Amoco located at 1785 Suburban Avenue
in Saint Paul. A fifteen year old male entered the store and asked to
buy cigarettes. He was asked to show his identification, and did so. It
correctly stated his date of birth, which indicated he was underage.
Nevertheless, the clerk sold him 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
Eastern Heights Amoco
Mazch 31, 2005
Page 2
At this time you have three options on how to proceed:
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You can pay the recommended fine. If this is your choice, you should make payment
directly to the Office of License, Inspections and Environmental Protection, at 350 Saint
Peter Street, Suite 300, St. Paul, MN 55102 no later than Monday, April l l, 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 hearin� to which you aze entitled.
2. If you do not dispute the above facts, but wish to have a public hearing before the Saint
Paul City Councii, you will need to send me a letter with a statement admittin� the
violation and requesting a public hearing. We �vill need to receive your letter by Monday,
Apri111, 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
appear before the Council and make a statement on your own behalf.
3. If you do dispute the above facts, you can request a hearing before an Administrative Law
Judge. At that hearing both you and the City w�ill 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 advise me by Monday, April i l,
2005, and I will take the necessary steps to schedule the administrative hearing.
If I have not heard from you by Monday, April 11, 2005, I wiil 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 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,
��
Rachel Gunderson
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Ann Mueller, Community Organizer, District 1 Community Council,
2090 Conway Street, Room 126, St. Paul, itiiN 55119-4040
Mr. Michael Fuhr, 1899-17th Street NW, New Brighton, MN 55112
AA-ADA-EEO Employer
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STATE OF MINNESOTA)
) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL
COUNTY OF RAMSEY )
NLIE KRAUS, being first duly swom, deposes and says that on March 31, 2005, she
served the attached letter by placing a true and correct copy thereof in an envelope addressed as
follows:
Eastem Heights Amoco
1785 Suburban Avenue
St. Paul, MN 55119-4313
Ann Mueller, Community Organizer
District 1 Community Council
2090 Conway Street, Room 126
St. Paul, MN 55119-4040
Mr. Michael Fuhr
1899-17th Street NW
New Brighton, M1V 55112
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
f� �
\, �1�. t, ,
\ �IE KRAUS
Subscribed and sworn to before me
this 3/ �,�f day of11�
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Not Public
RffA Al 8086ARp
IQOIRYl1BUC.YkfE80Sl1
MY COMMISSION
EXPIRES JqN. 31, 20 1 0