05-368Council File # D� _ ��"
Green Sheet # Jb�i •�
RESOLUTION
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
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Committee: Date
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WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by
G& M Multi Enterprises, Inc. d/b/a Q Coffee Shop (License ID#0049519), for the premises located
at 350 Saint Peter Street in Saint Paul by Norice of Violarion dated Mazch 31, 2005 alleging a sale
of tobacco products to a minor on March 23, 2005; and
WHEREAS, licensee did not respond to the Norice of Violation to contest the allegation or
make payment of the fine; and
WHEREAS, the Norice of Violation stated that if the licensee failed to respond or pay by
April, 11, 2005, that the matter would be placed on the consent agenda to impose the recommended
fine; now, therefore, be it
RESOLUED, that G& M Multi Enterprises, Inc. d/b/a Q Coffee Shop 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
March 23, 2005. Payment of fine shall be made within thirty days of the date of the adoption of this
resolution.
Yeas Navs Absent Requested by Department of:
Benanav nn� L L � �
Bostrom ✓
Adopted by Council:
Date r! � a�7 oZ00S
Adop
By:
Appr
By:
By : � J�� � '- `�
Form Approved by City Attorney
� Green
os- 3�g
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmertUoff+ce/wunci4_ Date lnitiated:
LP —U�rnwrns�aonre,�v�.onrroc ,�,�R-05 Green Sheet NO: 3026087
Contaet Person 8 Phone:
Dewrtment SeM To Person Initial7Date
Rachel Gundeison 6 n 'o nv"sr n r
26687'10 A,S�yn 1 ic nse/[ns ecf nlEnviron Pro ➢e a menc ic r
Must Be on Council Agenda by (Date): Number Z • A nr
For
Routing 3 a or•s Oftice " Ma odAssis[ant
p�� 4 ou cil
5 iro Clerk Ci Cle k
Total # of SignaEure Pages _(Clip Ail Locations for Signature)
Action R¢quested:
Approval of the attached resolurion to take adverse action against the Cigazette/Tobacco ]icense held by G& M Mulri Enterprises,
Inc., d/b/a Q Coffee Shop (License ID#0049519) foz the premises located at 350 Saint Peter Street in Saint Paul.
Recommendations: Approve (A) or Reject (R): Personal5ervice 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 person/firm ever been a city emp�oyee?
Yes No
3. Does this personffirtn possess a skili not normally possessed by any
curtent aty employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiatiog Problem, issues, Opportunity (Whq What, When, Where, Why):
On March 23, 2005, licensee sold tobacco products to a m'snor. Afrer norification, licensee did not respond to Norice of Violarion to
contest or pay the fine.
AdvantaAeslfApproved:
Compliance with existing penalry matrix and the St. Paul Legislarive Code foi the sale of tobaeco products to a minor.
Disadvantasies If Approved:
None.
DisadvantageslfNotApproved:
No enforcement on companies for sales of tobacco producu to a minor.
Total Amount of Cost/Revenue Budgeted:
Trensaction: �`,f}37�r`qs !��»n�,r�: r"
Funding Source: Activiry Number:
Financial Information: �i � � � C a99f�
(ExPiain) � ` a9 Lgl
DS- 3��
CITY OF SAINT PAUL
Rondy C Kelly, Mnyor
OFFTCE (,. IHE CITY ATTORNEY
Manve7J. Cereantw. Ciry A¢orney
a�•norvrsran
400 Ciq� Hal[
I S Nes1 Ke7iogg Blvd.
Sain� PnuL lylinnesata SSIOI
7e1 ephone: 6i I 266-8710
Facsimife: 651 298-56! 9
Mazch 31, 2005
NOTICE OF VIOLATION
Q Coffee Shop
35Q Saint Peter Street
St. Paul, MN 55102
RE: Cigarette/Tobacco License held by G& M Multi Enterprises, Inc., d/b/a Q Coffee Shop
for premises located at 350 Saint Peter Street in Saint Paul.
License ID #0049519
Dear Sir/Madam:
The Office of License Inspections and Environmentai Protection has recommended
adverse action against the Cigarette/Tobacco License held by G& M MulU Enterprises, Inc.,
d/b/a Q Coffee Shop for premises located at 350 Saint Peter Street in Saint Paul. The basis for
the recommendation is as follows:
On March 23, 2005, a tobacco compliance check was conducted at
the premises of the Q Coffee Shop located at 350 Saint Peter Street
in Saint Paul. A sixteen year o1d 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 sotd him a package of Marlboro Lights cigarettes.
Sale of tobacco to an underage person is a ciolation of Minn. Stat. §609.85
and 5aint Paul Legislative Code §324.Q7.
Since this is a first violation for the sale of cigarettes to an underage person, the Iicensing
office will recommend a$2Q0.00 fine.
AA-ADA-EEO Employzr
Q Coffee Shop
March 31, 2005
Page 2
At this time you have three options on how to proceed:
� - 3L�
1. 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 3�Q, 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 hearing 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 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,
April ll, 200�. The matter will then be scheduted 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.
If you do 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-examine the other s witnesses. The St. Paul City Council will
ultimately decide the case. I£Yhis is your choice, please advise me by Monday, Aprii 11,
2005, and I will take the necessary steps to schedule the administrative hearing.
If I have not heard from you by Monday, April ll, 20�5, I will assume that you do
not contest the facts of the violation and wili 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
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 Attomey
ca Christine Rozek, Deputy Director of LIEP
Sheila Lynch, Director, CapitolRiver CounciUDistrict #17, 332 Minnesota Street
Suite W 1222, Saint Paul, Ml�i 55101-1314
Gamal E. Metwal, 7275 -130` Street West, Apple Valley, MN 55124
AA-ADA-EEO Employec
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STATE OP MINNESOTA)
) ss. AFFIDAVIT OF SERVICE BY I3.S. NTAIL
COUNTY OF RAMSEY )
NLIE KRAUS, being first duly sworn, deposes and says that on March 31, 2005, she
served the attached letter by placing a true and conect copy thereof in an envelope addressed as
follows:
Q Coffee Shop
350 Saint Peter Street
St. Paul, MN 55102
Sheila Lynch, Director
CapitolRiver CounciUDistrict #17
332 Minnesota Street, Suite W 1222
St. Paul, MN 55101-1314
Gamal E. Metwal
7275 -130�' Street West
Apple Valley, MN 55124
(which is the last Irnown address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
C 1 ,
KRAUS
Subscribed and swom to before m�e� � /�
this 3/�,��- dayof���1��`�
i/ ,� br�Giv // / - si�i�
Not Public
( � RITA M. 80SSARD
� �,F� �y aA r".^v�i:ni�.. ��N��c$CTA
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� EXPIRESJAN-31.2010