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06-1134Council File # Amended i2/ZO/o6 creensbeet# �t7 � RESOLUTION CITY OF SAI�AUL, MINNESOTA �9 . ., �_ Presented by 2 WI adverse action was taken against a111icenses held by Paul Kamp d/b/a Kamp's 3(License ID#0044113) for the premises located at 1059 Western Avenue North in Saint Paul, by Notice of 4 Violation dated November 7, 2006, alleging licensee sold alcoholic beverages to rivo underage persons on 5 October 26, 2006 in violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §410.04 (a) (1); 6 and 7 8 WHEREAS, The Office of License, Inspections and Environmental Protection has recommended a 9 $500.00 fine; and 10 11 WHEREAS, the licensee has not contested the allegations; now, therefore be it 12 ** 13 RESOLVED that Paul Kamp d/b/a Kamp's is hereby ordered to pay a fine of $500.00 for the sale 14 of alcoholic beverages to two underage persons on October 26, 2006. 15 16 This Resolution, and action taken above, is based upon facts contained in the November 7, 2006, 17 Notice of Violation sent to the licensee and the arguments made at the Public Hearing on 18 December 20, 2006. 19 20 ** with $250 stayed on the condition that there be no same or similar offenses within the 21 next 18 months. Requested by Department of: Adopted by Council: Date /� a�/ //� � ' Adoption Certified by Council Secretary BY� l�i��9 Approve, d 1yy10� r: Date O i By: C!`� `� s it. � .♦ _ �. Form ved 'Ty Atto ey By: Form A roved y yor b s ionto Council By: Amend�i ts app ,�ed y Mayor: DaEe l— `�_ �� / 1LA g lJ� �- ._ _ �, ;. r ,,R ,� � Green Sheet Green Sheet 6reen Sheet Green Sheet Green Sheet Green Sheet � 06 //3�f oepartmenVOfficelcouncil: Datelnifiatetl: �p - License/Inspection/EnvirouPra[ 21-NOV-06 CoMad Person & Phone: Rachel Gunderson 266-8710 Doc. Type: E-0ocumentRequired: Y DocumentContact: JWieKraus � llssign Number For Roufing Order Conqct Phone: 266-8T76 Green Sheet NO: 3034742 0 'censell 'on/Environ Pro I 'censeJln 'oo/EmironPro De artmentDirector 2 ' Attome 3 a or's OBice Ma or/Assistant 4 oncil 5 � Clerk ' G7erk 7ota1 # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolurion to take adverse action against all licenses held by Paul Kamp d/b/a Kaznp's (License ID#0044113) for the premises located at 1059 Westem Avenue North in Saint Paui. xlations: APPm�r (A) or R Planning Commission CIB Committce Cieil Senice Commission 1. Has this personlfirtn e�er wwked under a coMract for this department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persorJfirm possess a skill not nortnally possessed by any curteM city employee? Yes No Explain all yes answers on separete sheet and aifach to green sheet IniGating Problem, issues, Opportunity (Who, What, When, Where, Why): On October 26, 2006, licensee sold a(cohol to rivo underage persous in violation of Minn. Sbt. Secrion 340A.503 and Saint Paul Legislarive Code Secrion 410.04 (a) (1). After notificarioq licensee requested a public hearing. Advantages H Approved: $500 mahix penalty. Disadvantages If Mproved: None. DisadvanWpeslfNotApproved: Total Amount of Transaction: Funding Source: Financial Information: (F�cplain) t'` : ff; CostlRevenue Budgeted: Activity Number. �4'�,r �E;.v;,�,t"��7 ��= November 22, 2008 2:49 PM Page 1 (� �-. OFFICE OF THE CITY ATTORNEY .ronn r cn�� c��no,,� �t76 //31 f CITY OF SAINT PAUL crvrr�,.�on ChristopherB.Coleman,Mayor 400Ci Ha71 9' Telephone:651266-87I0 ISYT'estKeZZoggBlvd Facsnni7e:6S1298-5619 Saint Paul, �rmesota SSIO2 i November 7, 2006 NOTICE OF VIOLATION Owner/Manager Kamp's 1059 �Veste� Aver�ae No�� St. Paul, MN 55117 RE: Alllicenses held by Paul Kamp, d/b/a Kamp's for the premises located 1059 Western Avenue North in Saint Paul License ID #:0044113 Dear SirMladam: The Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against all of your licenses based on the following information: On October 26, 2006, an alcohol compliance check was conducted by the Saint Paul Police Department (CN# 06221271) at Kamp's located at 1059 Western Avenue North in Saint Paul. Two underage persons enter the store and brought a six-pack of Miller Genuine Draft beer to the check out counter for purchase. The store clerk sold them the beer without asking either of them for identification. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §409.26 (b) (3). Since this is the �rst violation for the sale of alcohoi to an underage person, the licensing office will recommend a $500.00 fine. At this time, you have three options on how to proceed: You can pay the $500.00 fine directly to the Office of License, Inspections and Environmental Protection, at 8�'ourth Street East, Suite 200, St. Paul, Minnesota 55101- 1002 no later than Monday, November 20, 2006. 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 Kamp's November 7, 2006 Page 2 i" �_. D(� �/(�� 2. If you 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 facts requesting a public hearing. VJe will need to receive your letter by Monday, November 20, 2006. The matter will then be scheduled befare fhe City Council for a public hearing to detexmine whether to impose the fine. You witl have an opporhxnity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Adininistrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine the other's witnesses. The St. Paui City Council will ultimately deeide the case. If this is your choice, please advise me no later than Monday, November 20, 2006, and I will take the necessary steps to schedule the admiuistrative hearing. IfyOi� h�9� IIOt COIlteLCt�(� *!�P �JS'th8t �2t�� I��'!fl ass rhat yen are �ot ��*esri.^.g :u� imposition of the $500.00 fine. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, l�U.�,� el Gunders Assistaut City Attorney cc: Christine Rozek, Deputy Director - LIEP Kerry Antrim, Community Organizer, District 6 Plaimiug Council 213 Front Avenue, St. Paul, MN 55117 AA-ADA-EEO Employer OFFICE OF THE CITY ATTORNEY John Choi, CiryAttorney O(O /�✓' CI� �r' StiJ1VT PAUI-+ CivilDivision Christopher B. Coleman, Mayor 400 Ciry Hall ZeZephone: 6i1266-8770 IS �estKe7ZoggBZvd Facsimile: 65129b-56I9 Saint Paul, �nnesota 55702 +ir� November 22, 2006 NOTICE OF COUNCIL HEARING Paul A. Kaznp Kamp's 1059 Western Avenue North St. Paul, MN 55117 RF,: All licenses held by Paul Kamp, d/b/a Kamp's for the premises located at 1059 Western Avenue North in Saint Paul License ID #:0044113 Dear Mr. Kamp: Please take notice that this matter has been set on the Public Heazing Agenda for the City Council meeting scheduled for Wednesday, December 20, 2006, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hali and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Councii for their consideration. This is an uncontested mattez conceming the fact that on October 26, 2006, two underage persons were able to purchase aicohol at your establishment in violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §410.04 (a) (i). This matter has been placed on the public heazing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office is a$500.00 Fine. If there is anv information vou wonid like Citv Council to review prior to the public hearin2 I will need to receive it no later than Mondav December 11 2006 Very truly yours, C. Rachel Gunderson Assistant City Attorney cc: hristine Rozek, Deputy Director of LIEP Mary Erickson, Assistant Council Secretary, 310 City Hall Kerry Antrim, Community Organizer, District 6 Planning Council, 213 Front Avenue, St. Paul, MN 55117 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Violation: Date of Violation Kamp's l(�-//3� 1059 Western Avenue North, St. Paul, MN 55117 Wednesday, December 20, 2006 @ 5:30 p.m. Licensee failed a liquor compliance check at his establishment. October 26, 2006 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. 2. 3. 4. 5. 6. 7. 8. Proposed resolution ECLIPS screens from LIEP Copy of St. Paul Police CN #06221271 dated 10/26/06 Copy of Liquor Compliance Check Sheet dated 10/26/06 Copy of Notice of Violation and Affidavit of Service dated 11/7/06 Copy of letter from licensee requesting a public hearing dated 11/13/06 Copy of Minn. Stat. 340A.503 Copy of Saint Paul Legislative Code 410.04 (a) (1) L-�cense Group Comments Text Licensee: PqUL KAMP DBA: KAMP'S License #: 00-04713 �� O� // 11/07I2006 10/26/2006 Failed alcohol wmpliance check conduc[ed by SPPD. Counts as first vioiation, 5500 matrix penalty. CAR 06/15/2006 Passed tobacco compliance check. PF 12/'13/2005 Passed tobacco compliance check. MED. 03/182005 Sent cong2tulations letter for passing aicohol compliance check. RDH 02/26/2005 Passed alcohol compliance check. RDH - 02/09l2004 Passed tobacoo compliance check (recheck). RDH Otl21/2005 Rcvd $50.00 from Carol Kamp, Gerk, for cig sales violation. AMW 01/20/2005 $200.00 rcvd for cig sales violafion. ES 0'i/�2/2005 CAO sent Nofice of Volation for saie of tobacco to a minor; recommended fine is $200; deadline to respond is Jan. 24, 2005. RS t/04/2005 To CAO for adverse action. CAR . 12/28/2004 Failed tobacco compliance check.First failure, $200 matrix penalty. RDH 12/� 0/2003 Refund of $50.00 processed (prorated butcher license to expire with other licenses). ES 12/01/2003 Mailed Butcher-Sewndary appn. LAB 04/23/2003 Passed tobacco compliance check. CMK. 12/23/2002 Sent congratulations letter for passing alcoho� compliance check. CMK. 12/�2/2002 Passed DPS alcohol compliance check conducted by SPPD. CMK. 03/�8/2002 Passed tobacco compliance check. SS 061�8/200'f Passed tobacco compliance check. SS 03/21/2001 Passed tobacco compliance check. SS 03/OS/200� Sent congratulations lerter for passing alwhol compliance check. scs 02/22/2001 Passed DPS alcohol compliance check conducted by SPPD. srs 06/29/2000 Sent congratulations letter for passing alcohol comoliance check. SS 06l28f2004 Passed tobacco compliance check. SS OS/18/2000 Passed U of M alcohoi compliance check conducted by LIEP/Schweinler. SS 2/7/2000 $250 fine received. CAR 1/27@000 - Fine letter seM ($250.00 due 2/7 �/00) - LAB - 01/12/2000 CF00-33 approved imposing $250 fine for sale of alcohol to an underage. (to pay $250.00 within 30 days and suspend $250. for 18 months). CAR 1/12/2000 for sale of alcohol to a minor. $500 fine recommended. CAR 12/22/99 Notice of Council Hearing from CAO for �2/� 0/99 Notice of Violation from CAO for hailed compliance check of 12/2/99. $500 fine recommended, 12l20/99 response date. CAR �2l2/99 failed second round compliance check. To CAO for adverse action. CAR 4/26l99 completed required alcohol awareness training-DL 4/6/99 passed cig compliance check - 4N2/99 letter sent SS On 3/18/99 F2iled check; "unoffcial" ,12/2/99 Failed liq.comp.ck conducted by vice.KS.warning-training due 4/18l99-DL 7/29l98 Congratulations letter sent. PJW 7/13/98 Passed cigarette compliance check. PJW 7/1/97 Late Fee $181.00 Paid. 5l96 Butcher Add-On l.ic Eliminated Per Cf #95-1457 3/16/94 Restaurant Removed From License Per Gary Pechmann. 11l14/91 Ph On Appn For New A/2 Grocery-B, Off Sale Malt 32 & Cigarette License App'D QF. 9'I-2097 � �� l�-l13� �.�icenseQaery � � � ' t i� �a��"'�� - - '�ike#��dL .. ' � 3 � � �z� ��.� �� , �;�,� ��,� --�� sn�a� Fo� n�n� � � 9 _ nvE o�mw� � �aae,a � war. Ay _ PAN. � Statx •••v— . �17 JrarL qbtC4tmYk _ " � �� C�� °� //,� <_ �- D(��ll�� 4�Sa<pi a RRCer4rMtCtec'd II1F�CbBecta@ tMtwPmtt� d!a A&R�rbtt�Rec'R Gsc�tvdtEectk .�.1 � aliCe�mTa—• MaHTaCwpaM Cicema Add'ess R&iN4oCenCtkt Gl.kazr�Adtkess Chee%1Ze@�ed � �' �- o� /r3� �: , - .,� : _ .,<., � : � _��_ ��- �! 8E[„FETER(FE'E) �En�cr=r _ �� ' .....�. � ,�IIII I 11 3 I � � iE-f E si3 '-"'��. J i 10f$ 1 � (�� OG�-l(3� � � Rec'dG "�ti� � � __.w_......,_..._.._,__.__a � zms Si � m � .�� - �. ___.____�_ _,w__w_ �____________--____� - � � � � �� . a �u,��,��. _v . __. _ __.. .. m� �._-�_... __ __._.._. ._. . sar� txmso�patrs_ .,...,. . , __ _ _ � d� �� ' � D (� -//� � � Typz Ze5 � � % �� i4a)_Gr_ocny3Ca�tA� - q3 CxPketiorct`w"""'_+� RaraYtOUS.VWK� D"istdrARecd[Y &ofUVtc (�� 1? vice�wses � . .. + "- "�iESp36 s3t3 �.�� :� 5, j e . c�6 //3`� ' � � ' pa9e � of 4 Saint Paul Police Department ORIGINAL OFFENSE / INCIDENT REPORT ComplaintNUmber ReferenceCN �I�� .}��;" DateandTrmeofReport 06221271 D�ia Privacy Res�r.ce��n, .�pply 10/26/2006 22:14:00 P�maryone�se: Minnesota Statute i3.82 LIQUOR LAW-FURNISNING LIQUOR TO A MINOR PrimaryReporGngOfficer. Gromek,GraigJ Nameaffocafionlbusiness: Pnmarysquad: 7g3 Loca6on ofincident• 1059 WESTERN AV N Secondaryreportingo�cer. ST PAUL, MN 55116 approver. Schoen, David o;stdcr Central Site: A�rest made: Secondary offense: Police Officer Assaulted or Injured> Crime Scene Processed: Date & time o1 occurrence: 1 0/26/2006 1 9:29:00 to 10/26/2006 19:41:00 Police ONicer Assisted Suicide: OFFENSE DETAILS LIQUOR LAW-FURNISHING LIQUOR TO A MINOR Attempt Only: Rppears to be Gang Re/ated: �A�� Suspect Thao, Mai Nhia 1111 DALE AV KNOWN ST PAUL, MN 55116 Nicknames or Aliase Nick Name: Alias: AKA First Name: Details sex: Female Race: Asian Hispanic: Pa�ent or Gua�dian MAI NHIATHAO phanes Home: 651-488-6636 Work: 651-488-5365 Celh. Far. AKA Last Name: ooe: 1 �l27(1989 Age: � g from to ResidentStatus: Parent 1111 DALE AV Contact: Pager. ST PAUL Employment Occupation: Employer. : : �-� - OL� � 113 � Saint Paul Police Departmen[ Pa9e Z of4 ORIGINAL OFFENSE I INCIDENT REPORT Complaint Num6e� Reference CN � Date and Time of Report 06221271 �� "� ��= 10/26/2006 22:14:00 Pnmaryolfense: Dfltd PrivaCy' i�e5.rlciic�i�5 ApPlV LIQUOR LAW-FURNISHING LI�U��`'T� ldentiticaEion SSN: License or ID#: license State: P Deseriptfon US: Mehia Height, to Build: NairLength: HairColo� WeighY, to Skin: FacialHar.' � HairType: Teeth: Eye Cofor. Blood Type: Offender i ntormation Arrested: pUl: Condition: Victim N orAliases Nick Name: Alias: AKA First Name: Datails Sex: Phones Home: Wo�k. Pursuit engaged.� Resisfance encounfered: 7aken to health care facitify: Violated Restraining Order.� Medical re(ease obfained: AKA Last Name: Race: DOB: Hispanic: Age: fiom to Celh. Contact. Fax: Page� ResidenfStatus: Emp/oyment Occupation: Emp(oyer. . Identification SSN: Yictim information Type: gusiness Condi6an: License or ID#: Can ldenti/y Offender. nJp Taken to health care facility: NO License State: Wrlling fo Press Charges: NO Medical releass obtained: NO ° r Saint Paul Police Departmen� Pa9= 3 of4 ORIGINAL OFFENSE / {NCIDENT REPORT � �� Complaini Num6er Refe�ence CN Dafe and Tme of Report 06221271 I '��'� �� `� 10/26/2006 22:14:00 D?ta Prit�acy iZes„ict,;:t�:> Apply Primaryoffense: IYI1riri2SOtd Staf�ii 7� �7 LIQUOR LAW-FURNISHING LIQUOR T� A`N�1N�F� SOLVABILITY FACTORS Suspect can be Iden6fied: Photos Talcen: Yes Evidence 7"umed l�: Related lncident: By: Stolen Property Traceabfe: Property Tumed ln: Lab 8iological Analysis: Fingerynnts 7aken: " Narcotic Analysis: Lab Comments: /tems Fingerprinted.� Participants: Person Type: Name: Address: Phone: Suspect Thao, Mai Nhia 1111 DALE AV ST PAUL, MN 55116 �6� Victim NARRATIVE SGT. SCHOEN AND I/ SGT. GROMEK WORKED ALCOHOL COMPLIANCE CHECKS THIS DATE 10 -26- 2006. PRIOR TO GOING OUT FOR THE EVENING , I PHO7000PIED TWO TWENTY DOLLAR BILLS THAT WERE TO BE USED FOR PAYMENT ON ANY ALCOHOL THAT THE DECOYS WOULD PURCHASE. I PNOTOCOPiED SERIAL NUMBER #, EF 90174071 C, AND SERIAL NUMBER # ED 42223105 C. CHECKER # 23 DOB 7- 12- 1988 AND CHECKER #25 DOB 2-22- t988 WERE WORKING WITH US THIS EVENING. BOTN HAVE WORKED ALCOHOL COMPLIANCE CFiECKS IN THE PAST. SGT. SCHOEN AND I WERE TO MONITOR THE ACTIVITIES OF THE CHECKERS BY THE USE OF AN ELECTRONIC BUG. AT 19 29 HOURS CHECKER # 23 AND CHECKER # 25 ENTERED - KAMP'S - 1059 WESTERN AVE. THE DECOYS WENT TO THE CHECK OUT COUNTER WITH A SIX PACK OF MILLER GENUINE DRAFT SEER . THE STORE CLERK SOLD THE BEER TO THE DECOYS, NEVER ASKING FOR IDENTIFICATION. THE CHECKERS CAME OUT TO OUR VEHICLE AND TURNED OVER THE PRODUCT AND CHANGE TO SGT. SCHOEN AND I. SGT. SCHOEN AIVD I WENT INTO THE STORE AND INDEMNIFIED OURSELVES. WE SPOKE TO THE STORE CLERK WHO SOLD THE BEER TO THE CHECKERS. SHE VERBALLY IDENTIFIED HERSELF AS; THAO MAI NHIA DOB 10 -27- 1959 , 1111 DALE AVE ST. PAUL H/P 488-5365 , W/P 488-6636 . I RECOVERED THE TWENTY DOLLAR BILL FROM THE CASH DRAWER / SERIAL ; EF 90174071 C. THE _ PRODUCT AND CHANGE WAS RETURNED TO THE STORE. PHOTOGRAPHS OF THE BEER AND THAO WERE TAKEN. CQPY TQ LIEP. � � D(� �113� � Saint Paul Police Departmen� Pa9e 4 of4 ORIGfNAL OFFENSE 1 INCiDENT REPORT Complaint Number Reference CN 06221271 LI�� i' �1 Primaryoffense: D^afa �riV1C}%?Zen�. A 1 pp y LIQUOR LAW-FURNISHWG LIC��R Date and Time of Report 10/26/2006 22:14:00 PUBLIC NARRATIVE WHiLE WORKING ALCOHOL COMPLIANCE CHECKS , THE CLERK FROM KAMPS' FOODS SOLD ALCOHOL TO THE UNDER AGE DECOYS. � � i t 3 t i t � � �-,r3� LIOUOR COMPLIANCE CHECK SH�ET �� i a� VICE OFFICERS L�' .�i v V � � � 1 CHECKER # a3 DOS� la f3� CHECZ�R #'� DOB °� ��g ADDRESS: t�� 1' Q�j' /�t7 �� C/U�"��rJ � t�G _ DVHAT D7D THEY 3RY TO PITRCHASE? '� e ��!�'�-!i C�.CiJVtzcs�n..� � PASS % :N AII, SERVER LAST NAME ! !� � O . FII2ST �' $ NIIDDLE � " t�/ �( DATE OF �I�i2T� I v �� HEIGHI' ` U WETGHT I `^`� RACE / }' / �`- ADDRESS �� ( �lJ 1 E � � �-- CTT'�' STATE ZIP PHONE: WORK �S () �(�a ` 6C 3 �HOME � s� � `f ��- , � 3 L� aT�a� � > PICTURE TAKEN YE5 / NO IAENTIFICATION TYPE MANAGER f NAME_ ��rnP FIRST �t- � " " MIDDLE DATE OF BIRTH A.DDRESS CTTY STATE ZIP PHONE:WORK( ) HOME( ) OTHER(.) oc�—�i3y Cristiue Rozek Depury Director - LIEP Christine Rozek, This letter is in reference to a Nofice of Violation dated November 7, 2006. I am not disputing the fact that my cashier, a HigJz SchooF Seaior, sold alcohol to a minor, but to ask for leniency on your bebalf. I will say we train our cashiers to ask for ID and the beer cooler is cleazly marked with a sign asking people to have their ID out at the register. We also use the "WE ID" calendar system. I cannot clearly explain why the cashier did not ask for ID, Uut will add that she was severely regrimanded and has chosen to quit woridng for us as a result of this reprimand. I very strongly remforced our po&cy of checking IDs fo my remaining cashiers I ask for flus considemfion based on the followuig facts: Kamps Food Market has been in operation for over 98 years in the City of Saint Paul. Over the years we have hired 100's of high schoot aged workers who have benefrted from their work experience with us. We are, and have always been a solid conh-ibutor to our community as many people will attest to. We are not a fly-by-night operarion coming into a community without concem for iYs well-being, We have contributed tens of thousands of dollazs to youth progiaws, Winter Carnival functions & aUiletic programs ta name a few. Some of the contacts who would verify this are Council Member Lee Aelgen, Tom Ferrera -fozmer clirector of Rice Recreation Center, Ray Andresen- Chai�mau, District 6 Planuiug Council, Saint Bemard's Churcb, North Emanuel Church, The Rice Street Athletic Association, The Rice Street Fesrival and the North Area Business Club just to name a few. I'm proud to say our camraunity is a better place because we do business here. Although it brings me great joy in watchmg these young "kids" I hire grow and leazn, part of the downfall of hiring young inexperienced employees is that we run the risk of these types of mistakes. I will say that over the past yeats we have received many letters commending our cashiers for upholdiag the process of askiug for IDs. VJe also have had a few faii us )n this respect, a fact that is extremefy uncomfortmg to me. AicohoI sales aze a very, very minor part of our business znd we have considererl e!imina±�ng ±± aitoge*he:. We profit from 3.2 beer sales about $40 per week, a very small part of our business. ThaYs before you add the license fees and any fines we may incur. We cany the 3.2 beer only to add to our selecrion of goods to round us out as a small, 6ut fuil-line gocery store, a grocery store that is iYs fourth generaEion. by any decision you make and thank you for your consideration. �ul A. Kanal� Owner Kamp's Food Market (65I)488-6636 (651)343-5418 cell Minnesota Statutes 2005, 340A.503 Page 1 of 3 0� //3�! - �� Legistatvre Home ( Links {o the Worid � Nslp � ks ��`�� Hause � Senate ( Joinf DeparEments and Commissions � Bitl Search and Status J Siatutes, Laws, and Rules Minnesota Statutes 2005, 340A.503 Copyright 2005 by the Office of Revisor of Stafutes, State of Minnesota. Minnesota Statutes 2005, Table o£ Chapters Table of contents for Chapter 340A 340A.503 Persons under 21; illegal acts. Subdivision l. Consumption. (a) It is unlawful for any: (1) retail intoxicating liquor or 3.2 percent malt liquor licensee, municipal liquor store, or bottle club pexmit holder under section 340A.414, to permit any person under the age o£ 21 years to drink alcoholic bevzrages on the lic2ns2d premises or within the municipal liquor store; or (2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's paxent or quardian and with the consent of the parent or guardian. (b) An offense under paragraph (a), clause (2), may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed. (c) As used in this subdivision, "consume" includes the ingestion of an alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. 2. Purchasing. It is unlawful for any person: (1) to se11, barter, furnish, or give alcoholic bevesages to a person under 21 years of age; (2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under the supervision o£ a responsible person over the age of 21 for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is £or professional research conducted by postsecondary educational institutions or state, county, or local health departments; or (3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use o£ the person's driver's license, permit, Minnesota identification oard, or other form of identification by a person under the age of 21 years for the http:/lwww.revisar.legstate.mn.usibinlgetpub.php?pubtype=STAT_CIIAP_SEC&yeas=c... 11120l200b Minuesota Statutes 2005, 340A.503 purpose of purchasing or attempting to purchase an alcoholic beverage. If proven by a preponderance of the evidence, it shall be an affirmative de£ense �o a violation of clause (1) that the deiendant is the parent or guardian o£ the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household. Subd. 3. Possession. It is unlawful for a person under the age oP 21 years to possess any alcoholic beverage with the in�ent to consume it at a place other than the household of the person's parent or quardian. Possession at a place other than the household of the parent or quardian creates a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. Entering licensed premises. (a) It is unlawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasinq or havir.g served or delivered any alcoholic beverage. (b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule charter city may prohibit a person 18, 19, or 20 years o1d from entering an establishment licensed under this chapter to: (1) perform woxk for the establishment, including the serving o£ alcoholic beverages, unless otherwise prohibited by section 340A.412, subdivision 10; (2) consume meals; and (3) attend sooial £unctions that are held in a portion of the establishment where liquor is not sold. Subd. 5. Misrepresentation o£ age. It is unlaw£ul for a person under the age of 21 years to claim to be 21 years old or older £or the purpose of purchasing alcoholic beverages. Subd. Sa. Attainment of age. With xespect to purchasing, possessing, consuming, selling, furnishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the day of that person's 21st birthday. Subd. 6. Proo£ o£ age; defense; seizure o£ £alse identification. (a) Proo£ of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a pxovince o£ Canada, and including the photograph and date of birth o£ the licensed person, (2) a valid military identification card issued by the United States Department of De£ense; Page 2 of 3 D(e�ll3� f http://www.revisor.leg.state.mn.us/binlgetpub.php?pubtype=STAT_CHAP_SEC&year=c... 11/20I2006 Minuesota Statutes 2005, 340A.503 (3) a valid passport issued by the United States; or (4) in the case oP a foreign national, by a valid passport. (b) In a prosecution under subdivision 2, clause (1), it is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of prooP of age authorized in paragraph (a) in selling, bartering, furnishing, or giving the alcoholic beverage. (c) A licensed retailer or municipal liquor store may seize a form of identification listed under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe that the form o£ identification has been altered or falsified or is being used to violate any law. A retailer or municipal liquor store that seizes a form of identification as authorized under this paraqraph must deliver it to a law en£orcement agency, within 24 hours of seizing it. Subd. 7. Repealed, 1989 c 351 s 19 HIST: 1985 c 305 art 7 s 3; 1980' c 330 s o'; 1986 c 444; 1987 c 152 art 1 s 1; 1989 c 301 s 13,14; 1990 c 602 art 5 s 2-4; 1991 c 68 s 1.; 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13; 1994 c 615 s 21; 1995 c 185 s 7; 1995 c 186 s 67; 1996 c 323 s 4; 1996 c 442 s 24; 1Sp1997 c 2 s 57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 131 s 7 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. Generai questions or comments Page 3 of 3 � �/3.� http://www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT CHAP_SEC&year—c... ll/20/2006 Chapter 410. Nonintoxicating Mait Liquor* Sec. 410.04. Regulations. Page 1 of 2 �1��/l3 �} (a) Restrictions on minors. A minor, as used herein, is any person under the age of twenty-one (21) years. (1) No licensee, or agenY or employee thereof, shall serve or dispense upon the licensed premises any intoxicating liquor or nonintoxicaFing malt liquors to any minor; nor shall such licensee, agent or employee permit any minor to be ffimished with or to cAnsume any such liquoss on the 6censed premises; nor shall such licensee, agent or employee permit any minor to be delivered any such Iiquors. (2) No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor or nonintoxicating malt liquor; nor shall he or she enter any premises licensed for the retail sale of intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or delivered to him or her for consumption of any such intoxicating Iiquor or beer; nor shafl any such person purchase, attempt to purchase, consume or have another person purchase for him or her any intoxicating liquor or beer. (3) No minor shall induce any person to purchase, procure or obtain intoxicating liquor or nonintoxicating malt Iiquor for him or her. (4) Proof of age for purposes of consuming, purchasing or possessing an alcoholic the consumption, sale or possession of which is regufated by age, may only be estabiished by a valid driver s license or a Minnesota Identification Card issued pursuant to Minnesota Statutes, Sedion 171.07 or, in the case of a foreign national, 6y a valid passport. (b) Intoxicating liquo� prohibited. It shall be unlawful for any person duly Iicensed to sell nonintoxicating malt �iquor, but not duly licensed to sell intoxicating liquor, or for any of his agents, servants or employees, to keep, store, possess, have under his controi, sell or permit any person to keep, store or possess any intoxicating liquor upon said premises. It shali be unlawful for such licensee, his agents, servants or employees to permit the consumption of intoxicating Iiquor upon said premises. For the purposes of this chapter, "intoxicating Iiquor" is hereby defined to mean and include ethyl alcohol and any distilled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which liquid contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight. (c) Sales prohibited; hours. Mo such nonintoxicating malt liquors shali be sold either on-sale or off-sale between the hours of 1:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday inclusive, nor between the hours of 1:00 a.m. and 12:00 noon on Sundays. Notwithstanding the foregoing, an establishment which has received a permit from the State of Minnesota which authorizes sale of 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. may make s�ch sales if it has provided a copy of the permit to the Director ot the Office of LIEP. No on-sale licensee shall permit any such nonintoxicating malt liquors to be consumed on its premises during the hours when the sale thereof is by this chapter prohibited. Notwithstandiny the foregoing, establishments hoiding on-sale Iicenses issued under this chapter may remain open for the sale of food after the hours of sale provided therein and until 3:00 a.m. if they have first obtained an extended service Iicense. Such license shall be a Class III license. Application shall be made on such forms as may be provided by the Office of License, Inspections and Environmental Protectio�. The fee for such license sha{I be established by ordinance as provided in section 310.09(b) of the Legislative Code. The regulations in section 409.07.1(b), and notice and consent requiremenYS in section 409.07.1(c) of the LegislaCive Code shail apply to extended service licenses under this chapter. (d) Da�cing. Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions or entertainment are hereby at all times prohibited on the premises of any off-sale licensee; provided, however, that if such premises are duly ficensed for entertainment, such dancing, exhibitions or entertainment may be permitted. (e) Music. All music, by whatever means provided, is hereby prohibited upon the premises of any on-safe licensee between the hours of 9:00 p.m. of any one (1) day and 9:00 a.m. of the following day, except where such premises are duly licensed for entertainment; provided, that an on-sale licensee is hereby permitted to operate a radio and obtain music therefrom 6etween said hours of 4:00 p.m. and 9:00 a.m.; provided further, that the tone of such radio is moduiated so as not to annoy the occupants of nearby premises. The failure of any on-sale licensee using a redio between said hours to keep the same from becoming a nuisance to occupants of nearby premises shali be deemed sufficient cause, in the discretion of the councif, to revoke his license to sell such nonintoxicating malt liquor. (� Sales on days of parades. When a Iicensee is notified by the police department that a parade wil! be heid within one (1) block of the licensee's establishment, all nonintoxicating malt bevereges and liquid of any type sold during the entire day of said parade shall be sold only in plastic or paper containers. In addition, upon receiving such notice, the licensee shall place a person at each entrance and each exit of the establishment at least one (1) hour prior to the time of parade, and the licensee shall require a person to remain at those locations until one (1) hour after the parade to ensure that patrons do not enter or exit with beer or intoxicat4ng liquor. (g) Parking; visual screen. When an existing building is converted to on-sale nonintoxicating malt Iiquor purposes, existing off-street parking facilities which serve the building shatl be provided with a visual screen http://www.stpaul.gov/code/1c410.hhn1 11/22/2006 Chapter 410. Nonintoxicating Malt Liquor'� Page 2 of 2 O6-/! 3� f where the parking facifity adjoins or abuts across an aliey any residentiai use or residentiai zoning district. The screen shall be between four and one-halt (4 1/2) and six and one-half (6 1/2) feet in height and of sufficient density to visually separate the parking facifity from the adjacent residential use district, The screen may consist of various fence materials, earth berms, plant materiafs or a combination thereof. Access by patrons to the parking facility from an adjacent alley should generally be prohibited. (h) Sa/e of nonintoxicating Iiquor regulated. No person sha{1 give, sell, procure or purchase nonintoxicating liquor to or for any person to whom the sale of nonintoxirating liquor is forbidden by law. (i) Consumption in public place p�ohibited. No person shall mix or prepare nonintoxicating liquor for consumption, or consume it, in any public place not Iicensed in accordance with this Code and the State of Minnesota. (j) Sa/e or consumpfion in automobi(es or on public highways prohibited. No nonintoxicating liquor shall be sold or consumed on a public highway or in an automobile. (k) Leaving licensed premises with �onintoxicating liquor, resportsibility of (icensee. No licensee sha!! altow any person to leave a premises, for which an on-sale nonintoxicating license has been issued, with a bottle, can or glass containing any nonintoxicating liquor. Each licensee shall be responsible for taking reasonable and adequate steps to prevent persons from Ieaving the licensed premises witfi a bottle, can or gfass containing any alcoholic beverage, and the failure to do so may subject each licensee to adverse action against his or her license. (I) No person, group or association applying for or holding a license under this chapter shall restrict membership in its club or organization, or restrict access to the Iicensed premises or any facilities of such person, group or association, on the basis of race, creed, religion, sex, nationat orlgin or ancestry, age, disability, maritai status or status with respect to public assistance. This provision shall not apply to any religious corporation, association or society with respect to membership or access based on religion, where refigion is a hona fide qualification for membership or access. A violation of the foregoing shall constitute sufficient grounds for adverse action againsE the license or license application, inciuding revocation or denial of the license. (Code 1956, §§ 310.07--310.10, 310.13, 310.14; Ord. No. 17014, 4-28-83; Ord. No, 17174, SO-23-84; Ord. No. 17437, § 1, 2-24-87; Ord. No. 17461, § 1, 5-28-87; Ord. No. 17474, § 1, 7-7-87; Ord. No. 17657, §§ il, 13, 6-8-89; Ord. No. 17705, § 3, 1-16-90; C.F. No. 93-1324, § 1, 11-23-93; C.E, No. 94-1659, § 1, 12- 28-94; C,F. No. 03-687, § 1, 8-13-03) http://www.stpaul.govlcodel1c410.htm1 11122l2006 STATE OF MINNESOT(' ) ss. COi3NTY OF RAMSEY ) d�- � AFFIDAVIT OF SE +dICE BI' U.S. MAIL // J[TLIE KR.AUS, being first duly sworn, deposes and says that on November 7, 20�6, she served the aitached NOT'ICE OF VIOLATTON by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Kamp's 1059 Western Avenue North St. Paul, MN 55117 Kerry Antrim, Coxnmunity Organizer District 6 Plamiing Council 213 Front Avenue St. Pau1, MN 55117 (which is the last known address of said person) deposiring the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �!�- � 1 ��.��ULI/�c� Julie Kraus Subscribed and sworn to before me this 7` day of November, 2006 � � .�3��z� Notary Public -� RITA M. BOSSARD NOTARY PUBLIC • MINPIESOTA MY COMMISSION IXP�RES JAN. 31, 2 0 1 0 o�-u3�( .��.� Date: November 28, 2006 ... Zg 213 Front Avenue St. Paui, MN 55177 Phone 651 488�485 Fax 651 488-0343 Cp , L �`' f �.. �, :., ' - �i:te9�� S " J1� To: Christine Rozek License, Inspections, and Environmental Protection [LIEPl 8 Fourth Street East, Suite 200 Saint Paul, MN 55101-1024 Re: Kamp's Grocery —$500 pending fine concerning alcohol served to minors Dear LIEP: On November 28, 2006, the District 6 Planning Council Land Use Task Force met and discussed the above pending fine. The Land Use Task Force agrees that justice must be strictly enforced but would like to note that there are certain mitigating circumstances regarding Kamp's Grocery that should be noted. The business fias a{ong history in good stand"sng and has emp{oyed many of the community's youth over the years. The task force believes that the matter was an honest mistake and reflects no malice on the owner's part or any lack of respect for the law. In light of these circumstances, the Land Use Task Force would like to recommend that the immediate fine to be paid be reduced from $500 to $250, with the remaining $250 to be stayed ptovided there are no further viotations for 7 consecutive months thereafter. ff there are any further questions or concems from any of the parties invofved, Distr'sct 6 Planning Council can be reached at 651-488-4485. Thank you. �Gh�'� Jeff Ma ns, Land Use Task Force Chair District 6 Planning Council CC: Rachel Gunderson, City Attomey's Office Marcia Moermond, Legislative Hearing Officer Lee Helgen, City Council Member, Ward 5