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05-799Council File # O� ` • / Green Sheet # � W`�� J RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 �� Committee: Date WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by Dahouse, LLC, d/b/a Mike's Bar (License ID#20030002253) for the premises located at 326 Grove Street in Saint Paul byNotice of Violation dated August 4, 2005, alleging a sale of tobacco products to a minor on June 9, 2005; 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 August 15, 2005, that the matter would be placed on the consent agenda to impose the recommended fine; now, therefore, be it RESOLVED, that Dahouse, LLC., d/b/a Mike's Bar is hereby ordered to pay a fine in the amount of $400.00 for the violation of sale of tobacco products to a minor on June 9, 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 � L � � � Bostrom � Harris He q� Lantrv MOritqomex'y T uri� Adopted by Council BY = QL(H-QP�..- � [}d 0/� � "�°"� Form Approved by City Attorney Date �e/�r�'� �/a-e''� 7,0200�' .�.1 � Adoption Certified by Council Secretary 05- 799 � Green'Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departrnentloffice/councii: Date Initiated: �P -��z�,Io�ri�,�,�,��t ,�A�� Green Sheet NO: 3027723 Conhact Person 8 Phone: Rachei Gunderson 266-8710 Must Be on Council Agenda by Total # of Signature Pages �(Clip All Locations for Signature) Approval of ffie attached resolution to take adverse action against the Cigazette/Tobacco License held by Dahouse, LI,C, d/b/a Mike's Baz (License ID#20030002253) for the premises located at 326 Grove Street in Saint Paul. Recommendatlons: Approve (A) or Reject (R): Planning Commission GB Commiflee _ . . Civil Service Commission Initiating Problem, issues, Opportuniry (Who, What, When, Where, Why): On June 9, 2005, licensee sold tobacco products to a minor. After notification, licensee failed to respond to Notice of Violation. Advantapes If Approved: Fine unposed as recommended by the Office of LIEP and required by St. Paul Legislative Code 324.11 (b) (1). Disadvantages if Approved: None. AUG 1 g 2005 � DeoartrneM SentToPerson 0 icen ellns ection/Envir n ro ASSign 1 icen n ectiov/Environ Pro De artment Director Number 2 - A orne For Routing 3 or's Offce Ma or/Assistant Order 4 ouoc"1 � 5 i Clerk Ci Clerk Must Mswer the Following 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personlfirm possess a skill not normally possessed by any current city employee? Yes Na Ezplain all yes answers on separate sheet and attach to green sheet RECEIVED Disadvantages If Not Approved: Fine not imposed as required by St. Paul I.egislative Code 324.11 (b) (1). "otal Amount of Transaction: Fundin5� Source: CosUReve�ue Budgeted: G�� R�sg�rch CeniQr Financial Information: (Explain) Activity Number: AUG 2 3 2005 .. � �� (' (� oS - 79� OFFICE OF TF� CITY ATTORNEY Marzuel J. Cerv¢ntu, CiryAnorney CITY OF SA.INT PAUL c�z�on Randy C. Kelly, Mayor 400 Ciry Hall Telephone: 657 266$770 . ISWestKeZloggBlvd. FacsimiZe:651298-5619 . SaintP¢ul, �nnesota 55702 �� August 4, 2005 NOTICE OF VIOLATION Owner/Manager Mike's Bar 326 Grove Street St. Paul, MN 55101 RE: Cigazette/Tobacco License heid by Dahouse, LLC, d/b/a Mike's Baz for the premises located at 326 Grove Street in Saint Paul. License ID #20030002253 Dear Sir/Madam: The Office of License Inspecfions and Environmental Protection has recomxnended adverse action against the Cigazette/Tobacco License held by Dahouse, LLC, d/6/a Mike's Bar for the premises located at 326 Grove Street in Saint Paul. The basis for the recommendation is as follows: On June 9, 2005, a tobacco compliance check was conducted at premises of Mike's Bar at 326 Grove Street in Saint Paul. A siateen year old male entered the store and asked to buy cigarettes. He was was asked to show his identification, and did so. It correctly stated his date of birth, which indicated he was nnderage. Nevertheless, the Clerk allowed him to purchase the package of Camel 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 second violation for the sale of cigarettes to an underage person, the licensing office will recommend a $400.00 fine. At this rime you have tl�ree options on how to proceed: You can pay the recommended fine. If this is your choice, you shouid make payment directly to the Office ofLicense, Inspections and Environmental Protection, at 8 Fourth Street East, Suite 20Q St. Paul, Miunesota 55101-1002 no later than Monday, August 15, 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 are entiUed. AA-ADA-EEO Employer oS-799 �e°s B� August 4, 2005 Page 2 r � �' �� 2. If you do not dispute the above facts, but wish to have a public hearing befare the Saint Paul City Council, you will need to send me a letter with a statement admiriing the violation and requesting a public hearing. We will need to receive your letter no later than Monday, August 15, 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 haue an opporhuuty 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 Aduiiuistrative Law 7udge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross- exuviue the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, August 15, 2005, and I will take the necessary steps to schedule the admuustrative hearin�. If I have not heard from you by Monday, August 15, 2005, I will 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 charged an atlmuustrative penalty pursuant to Minn. Stat. §461.12, subd. 3. Tlus is a separate action from this ticense matter. If you haue any questions, please feel free to contact me at (651) 266-8710. Sincerely, 2� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Dauid Mastexman, 1499 Grandview Avenue, Maplewood, MN 55109 Ms. Karin DuPaul, Community Organizer, Dayton's Bluff District 4 Community Council 798 East Seventh Street, St. Paul, MN 55106-6625 AA-ADA-EEO Employer J � � STATE OF MINNESOTA ) ) ss. COLTNTY OF RAMSEY ) � � ��7/l AFFIDAVIT OF SERVICE BY U.S. MAIL MEGHAN McGIVERN, being first duly sworn, deposes and says that on August 4, 2005, she served the attached NOTICE OF VIOLATION by placing true and conect copies thereof in envelopes addressed as foliows: Owner/Manager Mike's Baz 326 Grove Street St. Paul, MN 55101 David Masterman 1499 Grandview Avenue Maplewood, MN 55109 Ms. Karin DuPaul, Community Organizer Dayton's Bluff Disfiict 4 Community Council 798 East Seventh Street St. Paul, MN 55106-6625 (which aze the last laiown addresses of said persons) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 'I � I,..�.� l/,c.�� r� �G�v M�G�xrr Subscribed and swom to before me ofAugust, 2005. JOANNE G. CLEM9QTS NOTARY PUBLIC- MMPESOTA MY COMMISSION EXPIRESJAN.31, 201 0