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06-1043Council File # � fl 3 Green Sheet # � 3 RESOLUTION PAUL, MINNESOTA Presented by �3 2 WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Isaac Clazk & 3 Nunziata Williams, d/b/a Clazks Convenient Store (License ID#20050002841) for the premises located at 4 1168 Selby Avenue in Saint Paul, by Notice of Violation dated October 4, 2006, alleging a sale of tobacco 5 products to a minor on September 27, 2006, in violation of Minn. Stat. §609.85 and Saint Paul Legislative 6 Code §324.07; and 7 8 WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegafion or 9 make the payment of the fine; and 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the Notice of V iolation stated that if the licensee failed to respond or pay by October 16, 2006, that the matter would be placed on the consent agenda to impose the recommended fine; now, therefore, be it RESOLVED, that Isaac Clazk & Nunziata Williams, d/b/a Clazks Convenient Store 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 September 27, 2006. Payment of fine shall be made within thiriy days of the date of the adoprion of this resolution. Benanav Bastrom Hams Helgen Thune Adopted by Council: Date Yeas I Navs I Absent Adoption Certified by Council Secretary BY� //' /OAl�i�n«KS//'i! Appro ey dy.y, . Date � r �� By: ` l�st Requested by Department of. �� •� Fonn C/ oved by Cit�+ Attorney 2 By: i� Fotm A ove by ayor Sub issi to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Ob-/ol f3 t.p - L;�sr�onr��o��ot Cor�ct Person & Phone: Rachel Gunderson Zse-s��a Must Be on Co nctl /\qenda 0& (((v1COf1�' Dx.Type: RESOLUTION E-0ocume�rtRequired: Y DocumentContect JulieKraus Contact Phone: 266-8T76 Date Initiated: �-� Green Sheet NO: 3033923 � uena`anenc aenc � o re[so� 0 icen ectio n' n Pro A55ign 1 icenselln 'o n' an Pra � De a en[ Directo Number Z tta Por Routing 3 a o's O ce Ma oHASS' taot Order 4 �� 5 uk GS CIe k MitiallDate Total # of Signatu Pag _(Clip All LocaGOns for Signature) Action Requested: Approval of the attached resolutoin to take adverse action against Cigarette/Tobacco license held by Isaac Clazk & Nunziata Williams, d/b/a Clazks Convenient Store (License ID#20050002841) for the premises located at 1168 Selby Avenue in Saint Paul. or Must Mswer the Following Questions: Plannirg Commission 1, Has this persoNfimi e�er worked under a contrect for this department? CIB Commdtee Yes No CiNI Senice Commission 2. Has this persoNfimi e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not rrormalty possessed by any curre�rt city employee? Yes No Explain all yes answers on separete sheet and attach W green sheet Initiating Problem, issues, Opportuniry (Who, What, When, Where, Why): On September 27, 2006, licensee sold tobacco products to a minor. After notification, ticensee did not respond to Nodce of Violarion. Advantages tFApproved: Imposirion of the $200 matrix penalty. ��C��D DisadvanWges IfApproved: None ��;:`i��'� ��C� Disadvantayes If Not,Approved: Transaction: Funding Source: Financial Informat3on: (Explain) CostlRevenue Budgeted: Activity Number. a' `t� NOV 0 2 2�06 October25, 200611:03AM Page 1 / � (�''�, oG �o f3 OFFICE OF THE CITY ATTORNEY .Iolm J. Choi, Citydnomey CI� �F SAllV I� PAUL CivilDivision Cfaistopher B. Co7emm:, Mayor 400 CityHatt Telephone: 657 266-8770 ISWestKeZZoggBlvd Facsimi7e:651298-5679 Samt Paul, M'mmesota SSIO2 i Oetober 4, 20d6 NOTICE OF VIOLATION Owner/Manager Clarks Convenient Store 1168 SelbyAvenue Saiut Paul, MN 55104 RE: Cigazette/Tobacco license held by Isaac Clark & Nunziata Williams, d/b/a Clarks Convenient Store for the prexnises located at 1168 Selby Avenue in Saint Paul. License ID #20050002841 Dear Sir/Nladam: The Office of License Inspections and Environmental Protection has recommended adverse action against the Cigazette/Tobacco license held by Isaac Clark & Nunziata Williams, d/b/a Clarks Convenient Store for the premises located at 1168 Selby Avenue in Saint Paul. The basis for the recommendation is as follows: On September 27, 2006, a tobacco compliance check was conducted at the Clarks Convenient Store for the premises located at 1168 Selby Avenue. A sigteen year old male entered the store and asked to buy cigarettes. He was asked to show his identification, and did so. It correctly stated his date of birth, which indicated he was underage. Nevertheless, the clerk allowed him to purchase the package of Marlboro cigarettes. Sale of tobacco to an nnderage person is a violation of Minn. Stat. §609.85 and Saint Paul Legislative Code §324.07. Since this counts as a first violafion for the sale of cigarettes to an underage person, the licensing office has recommended a$200.00 fine. AA-ADA-EEO Employer Clarks Convenient Store � October 4, 2006 Page 2 At this time you have three options on how to proceed: �'i O�o %0�.3 1. You can pay the recommended $200.00 fine. If this is your choice, you should make payment direcfly to the Office of License, Inspections and Environmental Protection, at 8 Fourfh Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 16, 2006. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enciosed for your convenience. Payment of the fine will be considered to be a waiver of the hearing to which you are entitled. 2. If wish to have a pubfic hearing before tbe Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. VJe will need to receive your letter by Monday, October 16, 2006. The matter will then be scheduled befare the City Council for a public hearing to determine whether to impose the fine. You will have an opportwuty 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 Adtninistrative 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 ultnnately decide the case. If this is your choice, please advise me by Monday, October 16, 2006, and I will take the necessary steps to schedule the admiuistrative hearing. If I ha�e not heard from you by that date, I will assume that you do not contest the imposition of the f5ne. Piease be advised that the clerk who was identified as having made the sale on this date is also being charged an aduv.nistrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a sepazate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, l � Rac el Gunders Assistant City Attorney cc: Christine Rozek, Deputy Director of LTEP . Isaac Clazk, 1209 Devonshire Curve, Bloomington, MN 55431 Pat Armstrong, President, Lexington-Hamline Community Council 1283 Dayton Avenue, Sf. Paul, MN 55104 AA-ADA-EEO Employer STATE OF NIINNESO'�i`� � ss. COITNTY OF RAMSEY ) O � /olf3 JCTLIE KRAUS, being first duly sworn, deposes and says that on October 4, 20Q6, she seroed the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Clarks Convenient Store 1168 Selby Avenue Saint Paul, MN 55104 Isaac Clark 1209 Devonshire Curve Bloomington, NIN 55431 Pat Armstrong, President Lexington-Hamline Community Council 1283 Dayton Avenue St. Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Mimiesota. Subscribed and sworn to before me this 4�' day of October, 2006 �</�. /�/ 1�:�. � � . ' � � AFFIDAVIT OF S� �ICE BY II.S. MAIL , ��!-'�,D�-� Julie Kraus � RITA PA. BOSSARD NOTARY PUBLIC-MINf�SOTA � � :� MY COMMISSION �: �z�,;" EXPIRESJAN.31,2 �� :