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Council File # ��`4�
Green Sheet # 'T 7
RESOLUTION
SAINT PAUL, MINNESOTA �$
�
Committee: Date
WHEREAS, adverse actionwas initiated against the CigarettelTobacco licenceheldby Scott
Dixon, d/blaKellogg Square Market (License ID#0017805), forthe premises located at 111 Kellogg
Boulevard EastbyNotice of Violation dated December 29, 2004, alleging a sale oftobacco products
to a minor on December 15, 2004; and
WHEREAS, licensee did not respond to the Notice of Violation 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
January i Q 2005, that the matter would be placed on the consent agenda to impose the recommended
fine; now, therefore, be it
RESOLVED, that Scott Dixon dib/a Kellogg Square Market 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
December 15, 2004. Payment of fine shall be made within thirty days of the date ofthe adoption of
this resolution.
Requested by Department of:
By: t i1�-l�.n�-�.e� f� '_'�11�-�
Adopted by Council: Date �,q�iA���9�G,�10Ds
Adoption Certified by Council Sec�tary
By: �. l
Approved by r: Date C`�
�
BY ' --- - "�%/�� � . _ .�
Form Approved by City
By:
Mayor"
i
�
� Green Sheet Green Sheet Greett Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUofficelcouncil: Date Initiated:
p5
�p — LicenseJfnspecrion/EnvironRot 1&JAN-OS Green Sheet NO: 3024894
Contact Person & Phone:
Vir9inia Palmer
266-8710
Must Be on Council Aaen
0 "cen "o n P
1 ic n ns ection/Envlron Pro De a men Di r
2 i Attorn
3 0's �ce MavoN ist t
4 u cil
5 i Clerk Ci lerk
�
Aasign
Number
For
Routing
Order
Total # of Signature Pages _(Clip Ail LocaBOns for Signature)
Action Requested:
App:oval of the attached resolution to take adverse acrion against the Cigarette/Tobacco license held by Scott Dixon, d/b/a Kellogg
Square Mazket {License ID#0017805) for the premises located at 111 Kellogg Boulevazd East in Saint Paul.
idations: Approve {A) or Reject (R):
Planning Commission
C16 Committee
Civil Service Commission
Must Mswer the
1. Has this person/fittn ever worked under a contract for fhis departmentl
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person(firm possess a skilf not normally possessed by any
current city employee? �
Yas No
Expfain sil yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On December 15, 2004 the licensee sold tobacco products to a minor. After notificarion, licensee has not responded to the Notice of
Violarion to contest the allegarion or pay the fine.
Advantas�es it Approved:
Compliance with the Saint Paul Legislative Code Por the sale of tobacco to a minor.
Disadvanta5yes If Atsproved:
None
DisadvanWges If Not Approved:
Non-compliance with the Saint Paul Legislative Code for the sale of tobacco to a minor.
�
ocai nmoum or
Transaction:
FundinA Source:
CosURevenue Budgeted:
ActiviN Number:
C�o,�i ��sQ�±��, ��n#9f
Financiai lnformation: ��� � � �
(Explain)
CITY OF SAINT PAUL
Rnndp C. Ke!!y, A/n��or
December 29, 2004
OFFICE . THE CITY ATTORi�IEY K��
MnnuelJ. Cervontes, GgA:torney� �1J
Civil Dirision
400Ciry�Hn(1 TefepHnne:6ii266-8710
IS West Xellog,� BA�d. F�csimile: 6�I298-5679
SaintPau{ d(innesa�n SilQ?
NOTICE OF VIOLATION
OwnerlManager
Kellogg Squaze Market
111 Kellogg Blvd. East
St. Paul, MN 55101-1237
RE: CigarettelTobacco License held by Scott Dixon, d!b/a Kello�g Square Mazket for
premises located at 111 Kellogg Blvd. East in Saint Paul
License ID #0017805
Dear SirlMadam:
The Office of License Tnspections and Environmental Protection has recommended
adverse action against the Cigarette{Tobacco license held by Scott Dixon, d/bla Keilogg Square
Market for premises located at 111 Kellogg Blvd. East in Saint Paul The basis for the
recommendation is as follows:
On December 15, 2U04, a tobacco compliance check «�as conducted
at Kellogg Square Market for the premises located at I11 Kellogg Blvd.
East in Saint Paul. A seventeen year old male entered the store and
asked to buy cigarettes. He was asked to show his identification, and
did so. Tt correctiy stated his date of birth, which indicated he svas
underage. Nevertheless, the Clerk sold him a pack of vlarlboro Box Light
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 cigazettes to an underage person, the licensing
office will recommend a$20Q.00 fine.
AA-ADA-EEO Employer
Kellogg Square Market
December 29, 2004
Page 2
At this time you have three options on how to proceed:
p5- C��
1. If you do not dispute the above facts and do not wish to have a public 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 Buildin�, 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 hearin� to �vhich 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 10, 2005. The matter wili then be scheduled before the City
Council for a public hearing to determine what penaity, 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, a hearing witl be scheduied 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 Council
will ultimately decide the case. If this is your choice, please advise my legal assistant,
Julie Kraus by Monday, January 10, 2005 and she will 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 10, 2005, rve 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
separate action from this license matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
> >
-�;����,� � �. �. ���
Virginia D. Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Ms. Sheila Lynch, Director, CapitolRiver CounciUDistrict #17, 332 Minnesota Street,
Suite W1222, St. Paul, NIN 55101-1314
AA-ADA-EEO Employer
�-�e1
STATE OF MINNESOTA )
) ss.
COi3NTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly swom, deposes and says that on December 30,
2004, she served the attached NOTICE OF VIOLATION by placing true and conect copies thereof
in envelopes addressed as follows:
Owner/Manager
Keliogg Square Market
111 Kellogg Blvd. East
St. Paul, MN 55101-21237
Ms. Sheila Lynch, Director
CapitolRiver Council/District #17
332 Minnesota Street, Suite W 1222
St. Paul, MN 55101-1314
(which are the last known addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
l( lr'!1 � JL _ JJ� � u IJ�
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Subscribed and sworn to before me
this 30th day of December, 2004.
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tary Public
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JUL1E ANN£ KAAUS
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