06-1162Council File # Q(
Green Sheet # 30� S`// �
RESOLUTION
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Presented by
PAUL, MINNESOTA
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WEIEREAS, adverse action was taken against all licenses held by Twin Cities Avanti Stores, LLC
cVb(a Oasis Markets (License ID #2�010002936) for the premises located at 2525 — 7`�' Street West in Saint
Paul, by Notice of Violation dated November 29, 2006, alleging licensee sold alcoholic beverages to two
underage persons on November 8, 2006 in violation of Mimi. Stat. §340A.503 and Saint Paul L,egislative
Code §410.04 (a) (1); and
8 WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation or
9 submit payxnent of the fine; and
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ll WHEREAS, Natice of Violation stated that if the licensee failed to contest the allegation or submit
12 the fine payment by December 11, 2006, that the matter would be placed on the consent agenda to impose
13 the recommended penalty; now, therefore, be it
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15 RESOLVED, that all licenses held by Twin Cities Avanti, LLC, d(b/a Oasis Mazkets are hereby
16 ordered to pay a fine of $500.00 for the sale of alcoholic beverages to two underage persons on November
17 8, 2006. Payment of fine shall be made within thirty days of the date of the adoption of this resolution.
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Requested by Deparhnent of:
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Adoption Certified by Cou il Secretary
BY� `/ls�r� _
Approved U Ma : D te �— y 'U7
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Fo ovey� by rty A orney
$Y�f.LU' .
Form Ap r e y ayor for Si bmis ' n to Council
By:
Adopted by Council: Date ���'Z Q(o
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
O(D �l�p'2
LP - tsoeavellaspectiodEnwonria
Co�ct Person & Phone:
Rachei Gunderson
266-8710
Must Be on Councii Aaen
Doc. Type: RESOLUTION
E-DocumeM Required: Y
Document Contact: Julie Kraus
ConWct Phone: 266-8776
tA-DEC-06
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Assign
Number
For
Order
Topl # of Signature Pages _(Clip All Lowtions for SignaW re)
Green Sheet NO: 3035417
U 'oulEnvironProt
1 'oo/Env'uonProt De airinentDirector
2 At[orne
3 a or's O�ce Ma ar/Assislmt
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Apprwa] of the atYacfied resolupon to take advetse acfion against all licenses held by Twin Ci6es Avanti Stores, LLC dlb/a Oasis
Mazkets (License ID#20010002936) for the pretnises located at 2525-7th Street West in Saint Paul.
Planning Commission
CIB Commitlee
Civil Service Commission
1. Has this person(f'xm ever worked under a contrect fa tfiis department?
Yes No
2. Has this persoNfircn ever been a ciry employee?
Yes No
3. Dces this person/firm possess a skill not nortnally possessed by any
wrtent city employee?
Yes No
Explain all yes answers on separote sheet and aNach to green sheet
Initiati�g Problem, Issues, Opportunity (Who, What, When, Where, Why):
On November 8, 2006, licensee sold alcoholic beverages to two underage persons in viola6on of Minn. Stat. Secfion 340A.503 and
Saint Paul Legislative Code Section 410.04 (a) (I). After notification, licensee failed to respond to Notice of ViolaUon.
AdvanWges If Approved:
$500 matrix penalty as recommended by the Office of LIEP.
DisadvanWges If Approved:
None.
DisadvanWges If Not Approved:
Trensaction:
Funding Source:
Fnancia{ hiformation:
(Explain)
CostlRevenue 6udgeted:
Activity Number:
' ..,';:., \\ �.
December 14, 2006 3:07 PM Page 1
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OFFICE OF THE CITY ATTORNEY
- John 7. Cho% City Anorney
C I� �F S�JJ V 1 pA�. Civi7DivGrion
Christopher B. Colemmz, Mayor 400 CiryHaI1 Telephone: 65S 266-871 D
ISWestKelloggBlvd Facsimi1e:651298-5619
Sa'v�t Pau1, Minnesota 55702
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November 29, 2006
NOTICE OF VIOLATION
Owner/Manager
Oasis Markets
2525 - 7�' Street West
St. Paul, ivriV 55116
RE: All licenses held by Twin Cities Avanti Stores, LLC, d/b/a Oasis Markets
for the premises located at 2525 - 7�' Street West in Saint Paul
License ID #:20010002936
Dear Sir/Madam:
The Office of License, Inspections and Bnvironmental Protection will recommend that
adverse acfion be taken against all licenses held by Twin Cities Avanti S±ores, LLC, d/b/a Oasis
Markets for the premises located at 2525 - 7�` Street West in Saint Pau1, based on the following
information:
On November 8, 2006, an alcohol compliance checkwas conducted by the Saint
Paul Police DeparEment (CN# 0623001� at the Oasis Markets for the premises
located at 2525 - 7�' Street West in Saint Paui. Two underage persons enter the
store and purchased a six-pack of Bud Light beer. Police then went inside the
store and infonned the clerk thzt ske harl sa.rl alcohol to �wo underage
customers. The clerk stated that she looked at the male's driver's license and
thought 18 years old was the legal age to buy aicohoL It was also noted that the
clerk had jnst started work that night and the clerk training her in was present
at the register at the time of the underage sale.
Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503
and Saint Paul Legislative Code §410.04 (a) (1). Since this is the first £ailure for
the sale of alcohol to an underage person after a warning, the licensing of�ce
will recommend a $500.04 penalty,
AA-ADA-EEO Employer
Oasis Markets
November 29, 2006
Page 2
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At tbis time, you haue three opflons on how to proceed:
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l. You can pay the recommended $500.00 penalty. If this is your choice, you sfiould make
payment directly to the Office of License, InspBctions and Environmental Protection, at 8
Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday,
December 11, 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 enfitled.
2. If you wish to have 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, December 11, 2006. The matter will then be
scheduled before the City Council for a public hearing to determine whether to impose the
penaity. You will haue an opportunity to appeaz before the Council and make a statement
on your own behalf:
If you dispute the above facts, you can request a hearing before an Adxninistrative 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. Paul City Council will ultimately
decide the case. Tf this is your choice, please advise me no later than Monday, December
11, 2006, and I will take the necessary steps to schedule the administrative hearing.
Ifyou have not contacted me by that date, I will assume that you are not contesting the
imiposition of the $500.00 penalty.
If you haue questions about these options, please feel free to contact me at 266-8710.
Sincerely,
�GuX.t,tx-
Rachel Gunde so
Assistant City Attomey
cc:
Cluistine Rozek, Depufy Director - LIEP
Twin City Avanti 8tores LLC, 2020 Silver Bell Road, Ste. 23, Eagan, MN 55122
Ms. Gayle Summer, Community Organizer, Highland District Council
1978 Ford Parkway, St. Pau1,1VI1V 55116-1922
AA-ADA-EEO Employer