05-684Couricil File # O `+ _ �� �
Green Sheet # oa 3 S�
Presented By
Referred To
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WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by
Mahubeh Mustafa, d/b/a Dale Selby Superette (License ID#19990006162), for the premises
located at 618 SelbyAvenue in Saint Paul byNotice of Violation dated June 24, 2005, alleging a sale
of tobacco products to a minor on June 17, 2005; and
WHEREAS, licensee did not respond to the Notice of Violation to contest 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
July 5, 2005 that the matter would be placed on the consent agenda to impose the recommended fine;
now, therefore, be it
RESOLVED, that Mahubeh Mustafa d/b/a Dale Selby Superette 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 June 17,
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 � � � �P
ost�m ,i
By
Approved
BY= lJ4�tF� ''"f �,'�L�
Form Approved by City Attorney
By:
,C�S�hJ ///111
�` ��� ��Appro d y Mayor for^' i s' on tb Council
Date �� ,
By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
Adopted by Council: Date
Adoption Certified_by Council ecretary
� Green Sheet Green
LP �.icense/Inspection/Environ Prot
ConYad Person & Phone:
Rachel Gunderson
266-8710
Total # of SignaWre Pages
Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
oS� !ok`�
12JUL-05
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3027356
0 i n ecti n/Environ Pro
1 icensdlns ection/Environ Pro De artment Director
2 ' Atto
3 a or's OtSce Ma odAssista t
4 onncil
5 ' Cierk Ci Clerk
(Clip All Loqtions for Signature)
Approval of the attached resolution to take adverse action against the C�gazette/Tobacco License held by Mahubeh Mustafa, d/b/a
Dale Selby Superette (License ID#19990006162) for the premises located at 618 Selby Avenue in Saint Paul.
Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
Service Contracts Must Mswer the Following Questions:
'I. Has this person/firm ever worked under a contract for this departrnenY?
Yes No
2. Has this person/firtn ever been a city empioyee?
Yes No
3. Does this person/firm possess a skill not normally passessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On June 17, 2005, licensee sold tobacco products to a minor. After notification, licensee failed to respond ffie Notice of Violation.
AdvantaqeslfApproved• � �
Fine of $200.00 as recommended by the Office of LTEP and required by Saint Paul Legislative Code Secrion 324.07.
DisadvanWges If Approved:
None
Disadvantages If Not Approved:
Fine not iuq�osed as required by Saint Paul Legislative Code Section 324.07.
Total Amou�t of
Transaction:
Fundinp Source:
Cosf/Revenue Budgeted:
Activity Number:
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Financial Information: �u� q R °���
(F�plain) 1 ��
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CITY OF SAINT PAUL
Randy C Kelly, Mayor
OFFICE OF Tf� CTI'Y ATTORNEY
M¢rzuel J. Cervantes; CiryAnorney
civitDivision
400 CityHall
IS WestKelZoggBlvd.
Saint Paut, Minnesot¢ SSIO2
Telephone: 65126b8710
Facstinile 657 2985679
June 24,20Q5
NOTTCE OF VIOLATION
Owner/Manager
Dale Selby Superette
618 Selby Avenue
St. Paul, MN 55102
RE: Cigazette/T'obacco License held by Mahubeh Mustafa d/b/a Dale Selby Superette for the premises located at 618
Selby Avenue i.n Saint Paul.
License ID #19990006162
Dear Sir/Madam:
The Office of License Inspections and Environmental Frotection has recommended adverse action against the
Cigazette/Tobacco License held bp Mahubeh Mustafa d/b/a Dale Selby Superette for the premises located at 618 Selby
Avenue in Saint Paul. The basis for the recommendation is as follows:
On Jnne 17, 2005, a tobacco compliance check was conducted at premises of Dale Selby Superette
at 618 Selby Avenue in Saint Paul. A£�fteen year old male entered the store and asked to bny
cigarettes. He was was asked to show his identification, and did so. It correctly stated his date of
birth, wluch indicated he was underage. Nevertheless, the Clerk allowed Lim to punhase the
package of Marlboro cigarettes. Sate of tobacco to an underage person is a violation of Minn.
Stat, §609.85 and Saint Paul I.egislative 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.
At this time you have three options on how to proceed:
You can pay the recornmended fine. If this is your choice, you should make payment directiy to the Office of
License, Inspections and Enviroiunental Protection, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than Tnesday, July 5, 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.
AA-ADA-EEO Employer
Dale Selby Superette
June 24, 2005
Page 2
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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 reque'sting a public hearing. We will
need to receive your letter no later than 'I`nesday, Jnly 5, 2005. The matter will then be scheduled before the
City Council for a public hearing to deteimine what penalty, if any, to impose. You will have an opportunity to
appear before the Cotmcil and make a statement on your own behalf.
3. If you do dispute the above facts, you can request a hearing before an Aduiniistrative 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 wihiesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please
advise me no later than Tnesday, July 5, 2005, and I will take the necessary steps to schedule the
adn�inistratius hearing.
If I have not heard from you by Tnesday, July 5, 2005, I will assume that yon do not contest the facts of
the violation and will schedule tlus matter for the St. Paul City Conncil 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 administrarive penalty pursuant to Minn. Stat. §46112, subd. 3. This is a separate acfion from this license matter.
Ifyou have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
��
Rachel Gunderson
Assistant City Attorney
cc:
Christine Rozek, Deputy Director of LIEP
Mahubeh Mustafa, 14625 Portland Avenue, #312, Bumsville, MN 55306
Bobby Hiclanan, Interim Community Organizer, SLUnmit-University Planning Council
627 Selby Avenue, St. Paul, MN 55104-6615
AA-ADA-EEO Employer
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STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
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o s- ��`f
AN'FIDAVTI' OF SERVICE BY U.S. MAII,
MEGHAN McGIVERN, being first duly sworn, deposes and says that on June 24, 2005, she
served the attached NOTICE OF VIOLATION by placing true and correct copies thereof in
envelopes addressed as follows:
Owner/Manager
Dale Selby Superette
618 Selby Avenue
St. Paul, MN 55102
Mahubeh Maustafa
14625 Portland Avenue, #312
Burnsville, NIlV 55306
Bobby Hickman, Interim Community Organizer
Su.mmit-University Pluuiiug Council
627 SelbyAvenue
St. Pau1, MN 55104-6615
(which are the last laiown addresses of said persons) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
i ' ��.: I.: ��. �_�:.
�' -
this 24th day of June,
" -'
w� JOANhE �, CLEMENTS
. �;''¢'�. � NOTARY?UBLIC-MINP€SOTA
�, Pv7Y COMAqISSION
EXPIRES JAN.31, 20 1 0
Subscribed and sworn to before me