05-956Council File # O " ` �� �
Green Sheet # �voC Cl� 1�
RESOLUTION
OF SAINT PAUL, MINNESOTA ! G
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Presented By
Referred To
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Committee: Date
WHEREAS, adverse action was initiated against the Cigarette/Tobacco licence held by
Midwest Oil of Minnesota, LLC, dlbla Grand and Smith Mobil (License ID#20050001891), for the
premises located at 236 Grand Avenue in Saint Paul by Notice of Violation dated September 7, 2005,
alleging a sale of tobacco products to a minor on August 26, 2005; and
WHBREAS, licensee did not respond to the Notice of Violation to contest the allegation or
make payment of the fine; and
WHBREAS, the Notice of Violation stated that if the licensee failed to respond or pay the
fine by September 19, 2005, that the matter would be placed on the consent agenda to impose the
recommended fine; now, therefore, be it
RESOLVED, that Midwest Oil ofMinnesota, LLC, d/b/a Grand and Smith Mobil 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 August 26, 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 ✓
BY � �._MAaA.�/�..v ' �" �2i1i
Form Approved by City Attorney
Adopted by Council: Date ����, j�7�7p'd�
Adoption C�.�tified by Council 5ecretary
By:
sy:
Date /O �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrneM/offiee/council: Date Initiated:
LP -�.���a��� 20SEP-05 Green Sheet NO: 3028072
Contact Person & Phone:
Rachel6underson
266-8710
Must Be on Council qgenda
Total # of Signature Pages _(Clip NI Locations for Signature)
Approval of the attached resolution to take adverse acflon against the Cigazette/Tobacco license held by Midwest Oil of Minnesota,
LLC, d/b!a Grand and Smith Mobfl (License ID#20050001891) foi the piemises located at 236 Grand Avenue in Saint Paul.
itlaUOns: Approve (AJ or Reject
Planning Commission
CIB Committee
Civif Service Commission
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
On August 26, 2005, licensee sold tobacco products to a minor. After notificafion, licensee did not respond to the Norice of Violarion.
AdvantageslfApproved:
Fine imposed as required by Saint Paul I,egislative Code Section 324.07.
Disadvantages If Approved:
None.
� oeoartment Sent To Person
D Gcens n nviron Pro
Assign 1_ icense/Ins ectioWEnvimnPro De art entDirector
Number 2 � ; Atto
For
Routing 3 or's ce Ma or/Assistant
Order 4 ouncil
5 ' Clerk ' Clerk
1. Has this perso�rm ever worked under a contrad for this departmenY?
Yes No
2. Has this personffirm ever been a city empioyee?
Yes No
3. Does this perso�rm possess a skill not normally possessed by any
curre�t city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
the Following
Disadvantages If Not Approved:
Fine not imposed as requued by Saint Paui Legislative Code Secrion 324.07.
- otal Amount of
Transaction:
Funding Source:
CasURevenue Budgeted:
. �(���Pt°�'! �°�,°3�N'
Financiaf infortnation:
(Explain)
Activity Number:
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CITY OF SAINT PAUL
Randy C. Ke11y, Mayor
September 7, 2005
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OFFICE r THE CITY ATTORNEY
Manuel J. Ce..antu, City Attorney
Civil Division
400 Ciry Hall
IS Wui Kellogg Blvd.
Saint Paul, Minnesofa SSIO2
N01TCE OF VIOLATION
Owner/Manager
Grand & Smith Mobil
236 Csrand Avenue
St. Paul, MN 55102
Telephone: 651 266-8 77 0
Facsimile: 651 298-5619
RE: Cigazette/Tobacco License held by Midwest Oil of Minnesota, LLC, d/b/a Grand & Smith Mobil, for the
premises located at 236 Grand Avenue in Saint Paul.
License ID #20050001891
Deaz Sir/Madam:
The Office of License Inspections and Environmental Protecfion has recommended adverse action against the
Cigarette/Tobacco License held by Midwest Oil of Minnesota, LLC, d/b/a Crrand & Smith Mobil for the premises
located at 236 Grand Avenue in Saint Paul. The basis for the recommendarion is as follows:
On August 26, 2005, a tobacco compliance check was conducted at Grand & Smith Mobil
located at 236 Grand Avenue in Saint Paul. A fifteen year old female entered the stare
and asked to buy cigarettes. She �r'as not asked to show her identification, which would
have indicated she was underage. Nevertheless, the clerk sold her 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.
At this fime you have three oprions on how to proceed:
1. You can pay the recommended fine. If this is your choice, you should make payment directly to the Office of
License, Inspecrions and Environmental Protection, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota
55101-1002 no later than 1VIonday, September 19, 2005. Information should be directed to the attenfion of
Chrisrine 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 are enritled.
AA-ADA-EEO Employer
C'rrand & Smith Mobil
September 7, 2005
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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 requesting a public hearing. We will
need to receive your letter no later fhan Monday, September 19, 2005. The matter will then be scheduled
before the City Council for a public hearing to detemune what penalty, if any, to impose. You will have an
opportunity to appearbefore the Counci] and make a statement on your own behal£
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 Ciry will be able to appeaz and present witriesses, 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 no later than Monday, September 19, 2005, and I will take the necessary steps to schedule the
administrative hearing.
If I have not heard from you by Monday, September 19, 2005, I wffi assume that you do not contest the
facts of the violation and will schedule tlus 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 administrarive 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,
�� V U
Rachel Gunderson
Assistant City Attomey
cc: Chrisrine Rozek, Deputy Director of LIEP
Randy R. Yungerberg, 8216 Brunswick Avenue North, Brooklyn Park, MN 55443
Ms. Betty Moran, Community Organizer, West Seventt�/Fort Road Federation, 974 West Seventh Street,
St. Paul, MN 55102-3520
AA-ADA-EEO Employer
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STATE OF MINNESOTA )
) ss.
COITNTY OF RAMSEY )
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AFFIDAVTT OF SERVICE BY U.S. MAIL
MEGFIAN McGIVERN, being first duly sworn, deposes and says that on September 7, 2005,
she served the attached NOTICE OF VIOLATION by placing true and correct copies thereof in
envelopes addressed as follows:
Owner/Manager
Grand & Smith Mobil
236 Grand Avenue
St. Paul, MN 55102
Randy R. Yungerberg
8216 Brunswick Avenue Nortli
Brooklyn Park, NIN 55443
Ms. Betty Moran, Community Organizer
West Seventt�/Fort Road Federation
974 West Seventh Street
St. Paul, MN 55102-3520
(which are the last laiown addresses of said persons) deposiring the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
1 � j ! i.. �l. .%�.i,�
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day of September, 2005.
Subscribed and swom to before me