The URL can be used to link to this page

06-1009Council File # Q� �� Green Sheet # 3� SJ Q RESOLUTION FAUL, MINNESOTA Presented by i 2 WHEREAS, adverse action was taken against all licenses held by Kopilenko International Wines & 3 Liquors d/b/a International Wines and Liquors (License ID#0015928) for the premises located at 710 4 Cleveland Avenue South in Saint Paul, by Notice of Violation dated October 4, 2006, alleging licensee 5 sold aicoholic beverages to two underage persons on September 18, 2006; and 6 7 WHEREAS, The Office of License, Inspections and Environmental Protection has recommended a 8 $500.00 fine; and 9 10 11 12 13 14 15 16 WHEREAS, the licensee has not contested the allegarions; now, therefore be it RESOLVED that Kopilenko International Wines & Liquors dlbJa International Wines and Liquors is hereby order to pay a fine of $500.00 for the sale of alcoholic beverages to two underage perso�s on September 18, 2006. This Resolution, and action taken above, is based upon facts contained in the October 4, 2006, 17 Notice of Violation sent to the licensee and the arguments made at the Public Hearing on 18 November 1, 2006. 19 20 21 Requested by Deparhnent oE sy; � Adopted by Council: Date ___ �/ / �ll/G Adoptlon Certified by Council Secretary By: ' Approved y Ma Date By: Form ed b City Attorn y 1 By: Form Ap�roved by ayor � Submis ' n to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D6 /40 �' LP - Licensrllnspu6on/Env'¢onProt ' 11-0C�-06 Contact Person $ Phone: Rachel Gunderson 26G-8750 Doc.Type: E-DocumentRequired: Y DocumentContact: JutieKraus � Assign Number For Routing Order Contact Phone: 266-8776 Tofal # of Signature Pages _(Clip NI Locations for Signature) Green Sheet NO: 3033510 Deparhnent SentTo Person 0 ecHou/Eoviron Pro i 'o miron Pro e t ' r 2 ' Attorn 3 a or•s 06�ce Ma or/ t 4 o n 5 rk Ci Clerk Approval of the attached resolurion to take advecse acfion against all licenses held by Kopilenko Internarional Wines & Liquors, d/b/a Internarional Wines & Liquors (License ID#0015928) for The premises located at 710 Cleveland Avenue South in Saint Paul. idatio�: Apprrne (A) a' Reject Planning Commission CIB Committee Ci+.if Service Commission Personal Service Confracts Must Mswer the Following 7. Has this persoNfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirtn eter been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnaily possessed by any cuneM city employee? Yes No Explain all yes answers on separete sheetand attach to green sheet Initiating Problem, Issues, Opportunity (Who, Wha; When, Where, Why): On September 18, 2006, licensee sold alcoholic beverages to two underage pecsons during a liquoc compliance check by St. Paul Police. Advantages If Approved: $500 matrix penaky as recommended by the Office of LIEP. DisativantaS�es If Approved: None. Disadvantaaes If Not Approved: iotal Amount of TransacGOn: Funding Source: Financial information: (Expiain) CosflRevenue Budgeted: Activitv Number. October 19, 2006 9:57 AM Page 1 �un�7 �ese�rch �erter L+ta� i i7 LfDlf� �°'�,�� i�8 is,�i� oci � � �oas OFFICE OF THE CITY ATTORNEY .7ohn choi, CzryAKOrney i7b /DO 5' Cl� OF S�LLV r PA�. CivilDivGrion Christopher B. Coleman, Mayor 400 City Hall Tetephone: 651266-87I D ISY➢estKeZZoggBlvd Facsimile:657298-5679 SaintPauZ, Minnesota 55102 Wr October 13, 2006 NOTICE OF COUNCII, HEARING Alexander Kopilenko Internafional 9Vines & Liquors 710 Cleveland Avenue South St. Paul, MN SSll6 RE: All licenses held by Kopilenko Intemational Wines & Liquors, d/b/a Tntemarional Wines & Liquors for the premises located at 710 Cleveland Avenue South in Saint Paul LicenselD #:Q015928 Dear Mr, Kopilenko: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, November 1, 2006, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hail and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which wil] be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on September 18, 2006, two underage persons were able to purchase alcohol in your establishment in violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §409?6 {b) (3). I`�ais matter has beeu p?aced on the puhlic heazing agenda portion of the City Counci] meeting during which public discussion is allowed. The recommendation of the licensing office is a$500.00 Fine, IY there is anv information vou would like Citv Council to review orior to the nublic hearin� I will need to receive rt no later than Mondav October 23 2006 Very truly yours, �� . el Gunderso � Assistant CityAttorney ca Christine Rozek, Deputy Director of LIEP �/Mary Erickson, Assistant Counci] Secretary, 310 City Hall Alexander Kopilenko, 724 Le�ngton Pazkway South, St. Paul, MN SS ll6 Ms. Gayle Summers, Community Organizer, Highland District Council 1978 Fard Parkway, St. Paul, MN 55116-1922 AA-ADA-EEO Employar UNCONTESTED LICENSE MA'PT'ER Licensee Name: Address: Council Date: Violation: Dates of Violation International Wines & Liquors 06 -ic� � 710 Cleveland Avenue South, St. Paul, MN 55116 Wednesday, November 1, 2006 @ 5:30 p.m. Licensee failed a liquor compliance check at his establishment. September 18, 2006 Recommendation of Assistant CityAttorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Paul Police Original Offense/Incident Report _ (CN #Q6192320) dated 9/18/06. 4. Copy of the Liquor Comgliance Check Shee� 4. Copp of Notice of Violation with Affidavit of Service dated 10/4l06. 5. Copy of fax from licensee requesting a public hearing dated 10/1Q/06. License Group Comments Text 1, � 10/02l2006 Licensee: KOP4LENK0INTERNA7{ONAL WINES & LIQUORS �BA= INTERNATIONAL WINES 8 LIQUORS License #: 00'15928 o� i6o 9 7 0/02/2006 To CAO for adverse actioo. CAR C9/15/2006 CN06192320 Failed alcohol compliance check conducted by SPPD.Counts as first faiiure. 5500 matrix penatty. CAR 07/11/2005 Passed tobacco compliance check. RDH 03l21/2005 Passed aicohoi compfiance check. RDH 03/31/2004 Passed tobacco compliance check. CMK. OSl21/2003 Congratulations letter sen[ for passing alcohol rqmpliance check. CMK 05/08/2003 Passed DPS alcohoi compiiance check conducted by SPPD. CMK 04l02/2603 Passed tobacco compiiance cfieck. CMK. 04/12/2002 Passed to6acco compliance check. SGS � 03/20/2002 Sent congratulations letter for passing alcohol compliance check. SS 03/O6/2002 Passed alcohol compliance check wnducted by SPPD. SS 10/2412001 Passed tobacco compfiance check. SS 08/13/200� Passed to6acco compliance check. SS OS/15/200� $50 rcvd for cig sale violation. caa 07/27/2001 $200 payment for violation of cig sale to minor. caa 07712l200'I Sent fine letter ($200 due 7/27/01}. LAB 07/O6/2001 $2�� rwd for paymertt plan 3 of 3. caa O6/27/200� CF01-622 Ordered to pay fine of $200 for violation of sale of tobacco to a minor. �caa 06/� 5/200� $7 SO rcvd for payment pian 2 of 3. caa 06f05l200� Notice of Council Meetlng from CAO for tobacco compliance failure. Matter scheduled for consent on O6/27/2001. CAR 04/tSl2001 Notice of Violation frwn CAO.On 03f27l200t sale of tobacco to underage person even after showing correct identification. Have three options need letter of decision by 04/30(2001- CAR/AG 05/31/2001 $150 payment rcvd. cadcaa 05725/200� Payment plan estab�ished for $500 fine: 3 payments due 5/31 ($150), 6/15 ($150), 7/2 ($200). CAR/CAA OSla4l20�1 Sent fine letter ($500 due 5l25l01). LAB OM25/2001 Adopted Resolution 01-426 that the 1lcensee is hereby ordered to pay a fi�e of $500 for violation of Sale of AlcohWic beverages to underage persons. caa 03l27/2005 NoGce oi Council Hearing hom CAO set for 04/25/2001 for sale of alcohol to an underage person.CAR o4l09l2001 To CAO for adverse actlon. CAR 03/27/2001 Failed tobaco compliance check. First fallure, $200 matrix pertafty, Cterk was Alexander Kopilenko (owner}, 724 Lexington Pkwy, 55516.CAR 03/02/2001 Notice of Violation from CAO for sale of aicohol to an underage. $500 fine, given to 03/12/2001 to respond. CAR OZ05/200� To CAO for adverse action. $500 maGix penalty recommended. CAR O V3�/20p1 Failed DPS alcohol compliance check conducted by SPPD. CN 1020876. First hiiure after a waming has already been given. CAR 09/'13/2000 Passed tobacco compliance check. SS OS/31/2000 Sent congratulations Ietter for passing alwhol compliance check. SS 05/13/2000 Passed U of M aicohol compliance check conducted by Vice/Ramstad. SS 04l18l2000 Sent congratufations {efler fw passing alcohol compliance check. SS 04/OS/2000 Passed DPS alcohoi compliance check conducted by SPPD Burke, Reil(y. SS 17/20/99 passed second alcohol compliance check-DL 08IOC/99 passed cig compliance check; OS/16/991etter sent SS 4/16l99 comp(eted required alcohol awareness training-0L 5/1'i/99 Alcohol awareness training not taken. Letter sent - must sign up for traini�g by 5l17/99 or ile will be sent to CAO for adverse actioh. CAR Ot/�4/99 Congratulatlons letter sent. PJW �0129/g8 Passed cigarette compliance check. PJW 3/16/99 Failed alcohoi check; "unofficial" warning-training due 4/17/99-DL 2/26l96 Per L�censea And Verification From Diane Olson, Original Container Sfiould Be Removed From License.4/11/96 Cig Code Added Fd Id #�670'I--Lap-Lic (� -� �� _ _ . � " � �.. ( i i • E p t ' �f . . �i' 1 ! f: . .. i: 9. E� •.�H.e 9 i' t - v �__ � �'k�+Sri* . � , F u T��" �Wa� �� . . � � $ L.I }�`t' � _ � � bb -ioo � � � oG �aa % - -, - .•� ,..: � ,s-�. _, , - > . �. ,. - - �• ��•: �-- + - �- ,.,- ��Q� ��snc� � �� i (� �...�_. —.. _._ _.._.' � � { � -E ��i/�Ra . E a. l�v+ � - - 1 r� .� � db '/UV� ...a-_ T .'� 4{ E ^' + E�._ . . . ! .. i:' � :i •.. ii . •"._ ___. � i! ' - ' K Y .� ��.t t. - ��` .,.,�.,.�� IdB �3niCii t1fl�}' �...,�� .�.�..�.,�,�.�,� � -_...m_Wn� .o...m ...................m...a,,...�.,.�m,.-,.m........,.�.�.....-.-.�..e...�..-_...._i _ . i � g �i$� � ij p u � Y�V � w1 - ? ' ° `i .�i1� - - .. ,- _ _ `4y yFey � 1 a .i:ove '- > j' �4 .0 r��ra � (., r.-- �zrr2r��a -« �.� 1�.+ • ' e' -� �. if , t yt r: ' 0� -�� q _ p i � � Q � .... . . . �.�� Y ' d _ p ( � D� /oa 9 � z� �.� a i 8�!° � `L' . <E � = e s xi t ,. _ �- �� ! i �� --. �, � , , � . .-. _ ( e= �. n- q _ � .��i.��i�8e�w�y�^�'�un��.�ir��l� ��Ii � � �� /O�`� � � � �'�� ^,�� , ° ..�:� .,E. - -.. �v� �� s � �; - - ��.... - , ;i �: � . ,-. _ �SB ( . P ' : f P - �� ". .' Q � �. .A ! •�' ' I � Saint Paul Police Departmen�� Pa9e 4°fs ORIG{NAL OFFENSE / INCIDENT REPORT �� /�9 Complaint Number Reference CN Date arid Time of Report 06192320 09l1812006 15:43:00 Pnmary offense: ; ; � �, [. � � � i � � �=✓i _ LIQUOR LAW-FllRNISHWG LIQUOR TO A M1NOR :�.=.�a � :ivacy :Zest: _cii�,�1, App1y cViinnesota Statute ?3.82 PROPERTY lTEM #1 TypeotLoss: R6COVBf2d Owner. Model #: .articieTypeiitem: CashJcurrency Descriptlon: Date of Lass: Date RecoVered: Quantity: { CashlCurrency Locallon Lost: LocaUon Recove�ed: Seria/ #: Totafvalue: Tumed in at: L lD #: Lab ezams: VENICLE INFORMATION (Information Only} Registered awner. Status Siatus: Towed.• Owner. Stolen Method: tock status Keysin venrde: tlescription License no.: State: Year. V.I.N.: Make: Modeh. Mileage: Year. ryPa: Color. Doors: Transmission: Shi@ Position: Participants: Person Type: Name: Address: Phone: Suspect Shade, Richard Joseph Unknown Victim 1237 ALBEMARLE ST ST PAUL, MN 55117 MN 651-458-6167 NARRATIVE {, Sgt. Simmons work in the Vice Unit. On this date, myself, Sgt. Bandemer, and two femate checkers # 30 and #31,were doing tiquor compiiance checks in the City of St. Paul. Checker # 30, was iwenty years old, and had a DOB of 1-14-1986. Checker #31 was iwenty years old and had a DOB of 8-7-1986. Both these checkers were given instructions on how do a liquor compliance check. They were totd not to lie about their age, and provide their MN tD's if asked. It should be noted, that these ID's say ,"under twenty-one " above their picture. � Saint Paul Police Departmer� Page 5 of 5 OR{GINAL OFFENSE / INCIDENT REPORT �� Comp/aint Number Reference CN Date and Time o£ Report 06192320 Primary oKense: LIQUOR LAW-FURNISHING LiQUOR TO A MiNOR Q9/18/2Q06 15:43:00 � � �` �� " "� `� — l7�tT2 L rIV�tCj' �C:.:f fip Minnesota Stat�st� IJ.bL They were given one marked twenty doltar bill to purchase atcohol. They also wear a transmitter, so we can hear their conversaffons thru a monitor. At 1805 hrs., both checkers went into International Wine and Liquor, 710 S. Cleveland Ave., 651-690-5471. They walked out a minute later with a bottle of Captain Morgan Rum. They ID the party who sold to them. We went inside and lD'd ourselves as the Police. Gashier, Shade, Richard, 4-20-65, 1237 Aibemar{e, 65i-488- 6167, admitted that he sotd the Capt Morgan to the two girls that had just left. He said he carded them, and wanted to see their ID again. I showed him this ID, and he said he must of done the math wrong. I took a picture of both Shade and the bottle of CaQt Morgan. The bottle of Capt Morgan and the change was returned to him. He gave us the copied twenty dollar bill from the cash drawer. Copy to LIEP. PUBLIC NARRATIVE While doing liquor compliance checks, liquor was soid to a minor at this location. r �� - �o� � _ �� ,�ovoR cc�Mrir�vcE c�c� s�ET ! c�l�- �z-3� vICE OFFICERS 5 t�"v"`�tb�� C�ECK�R# �C� IDOB I-l`�� R# �� DOS �`�'�� WHAT DID THEY TRY TO PIIItCHASE? PASS FAIL SERVER LAST i .�. DATE OF BIRTH �I � HEIGHTS W . ADDRESS�� /lV 11�P tviat'� CTTY ��c A� STAT�ZII'� PHONE: WORK ��)�HOME �I) ��OTHER ( ) PICTURE TAKEN�/NO IDENTIFICATION TYPE � MANAGER f.aSi NAhRE FIRST MIDDLE AATE OF BII2TH A.DDRESS CITY STATE ZII' PgorrE: wo� � NOTES � �1�+�_� ) HOME ( ) OT]HER ( ) ��t�' SAINi PAUL � AAAA (^ CITY OF SAINT PAUL Clo B. Co7emmr, Mayor Telephone: 651266-87I0 Facezmile: 651298-5679 October 4, 2006 (_. o6-/no� OFFICE OF TE� CITY ATTORNEY John J. Choi Ciry Atrorney crytt nivi.aon 400 City Hall " IS SPestKeZZoggBZvd SaintPaul, Mmnesota SSIOZ NOTICE OF VIOLATION Owner/Manager International Wines & Liquors 710 Cleveland Avenue South St. Paul, MN 55116 RE: Ali licenses held by Kopilenko Internatianai Wines & Liquors, dlb/a International Wines & Liquors for the premises located at 710 Cieveland Avenue South in Sa3nt Paul License ID #:0015928 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all of your ficenses base3 an 't.�e following information: On September 18, 2006, an alcohoi compliance check was conducted by the Saint Paul Police Department (CN# 06192320) at International Wines & Liquors located at 710 Cleveland Avenue South in Saint Paul. Two underage persons enter the your establishment and came ont a few minutes later with a bottle of Captain Morgan Rum. After being approached by police, the clerk admitted he sold them the rum and he said he carded them. He asked to see the 1D's again and said he must of done the math wrong. Sate of alcohol to an underage person is a violation of Miun. Stat. §340A.503 and Saint Faul Legislative Code §409.26 (b) (3). Since this is the first vioiation for the sale of alcohol to an underage person, the licensing office wilI recommend a $500.00 fine. AA-ADA-EEO EmpIoyer Intemational Wines & Liq ors October 4, 2006 Page 2 At tfiis time, you have three options on how fo proceed: � C�� 07�`�' You can pay the recommended fine. If this is your choice, you should make payment direcfly to the Office of License, Inspections and Environmentai Profection, at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Monday, October 16, 2006. Information should be directed to fhe 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 entifled. 2. If you wish to haue a public hearing before the Saint Paul City Council, you will need to settd me a letter with a statement admitting the facts requesting a public hearing. We will need to receive your letter by Monday, October 16, 2006. x'he matter will then be scheduled before the City Councii for a public hearing to determiue whether to impose the fine. You will haue an opportunity to appear before the Council and make a statement on your own behalf. If you 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-examiue the other's witnesses. The St. Paul City Council will ultiinately decide the case. If th3s is your choice, please advise me no later than Monday, October 16, 2006, and I will take the necessary steps to schedule the adininistrative hearing. Lf you have not contacted me by that date, I will assume that you are not contesfing the imposition of the $500.00 fine. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� G�.ti� R chel Gunders n Assistant City Attomey cc: Christine Rozek, Deputy Director - LTEP Alexander Kopilenko, 724 Le�ington Parkway South, St. Paul, MN 55116 Ms. Gayle Summers, Community Organizez, Highland Dishict Council 19'78 Ford Pazkway, St. Pau1, MN 55116-1922 AA-ADA-EEO Employer 10/10/2006 2:32 PM FROM: Faz r0: 2985619 PAG'c: 001 OF 001 Ob - Ivt�� .... e . . To: Rachel Gunderson Fax number: 2985619 From: ALex Kopilenko FaX number: 651 699 A888 Business phone: Home phone: 651698 4131 Date &Time: 1�/10/20�62:32:11 PM Pages: 1 ite: CityCouncilappearance On Septem6er 18, 2006 we soid alcoho! ta an underage person. The clerk misread the infomation on the persons I.D. and miscalculated the age of the customer. We would like to have a public hearing before the Saint Paui City Council to contest the imposition of the $500.00 fine Sincerely, Alexander Kopilenko OC7-10-20H6 14�59 Fax 88: P.01 STATE OF IvIINNESO`Ii� ) ss. COUNTY OF RAMSEY ) (�6 - /OD`� JLTLIE KI2[1US, being first duly sworn, deposes and says that on October 4, 2006, she served the attached NOTICE OF VIOLA'i'ION by placing a isue and conect copy thereof in an envelope addressed as follows: Owner/Manager Intemational Wines & Liquors 710 Cleveland Avenue South St. Paul, MN 55116 Alexander Kopilenko 724 Lexington Parkway South St. Paui, MN 55116 Ms. Gayle Suminers, Community Organizer Highland District Council 1978 Ford Parkway St. Pau1, MN 55116-1922 (which is the last lrnown address of said person) deposi$ng the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this 4�' day of October, 2006 �� J � � � N tary Public AFFIAAVTT OF SE TICE BY U.S. MATi, - - RtTA M. 80SSAR0 ry �pTAlty p()g(.IC. MIPA�SOFA MY GOMMISSION -�� EXPt°ESJAiV.37,2014 3 :i-�°.�'°=� •_:—v v.-��°�`r-�.a