06-46Council File # 1�����
Green Sheet # d l� �� � �
RESOLUTION
CITY OF S�iNT PAUL, MINNESOTA
PRESE\TED BY
REF'EitRED TO
��
CObLI�IITTEE: DATE
1
z WHEREAS, adverse action was initiated against the Cigarette/Tobacco license held by
a H& X Sausage, LLC, d/b/a H& X Sausage, LLC (License ID#20010001416) for the premises
4 located at 1214 Thomas Avenue in Saint Paul, by Notice of Intent to Revoke License dated
s December 6, 2005, alleging licensee sold tobacco products to a minor on November 30, 2005,
s during the time that the Cigarette/Tobacco license was under suspension; and
7
s WHEREAS, the licensee did not respond to the Notice of Intent to Revoke License to
s contest the allegation; and
io
u WHEREAS, the Notice of Intent to Revoke License stated that if the licensee failed to
iz respond by December 19, 2005, that the matter would be placed on the consent agenda to impose
is the recommended penalty; now therefore, be it
14
is RESOLVED, that Cigarette/Tobacco license held by H& X Sausage, LLC, d/b/a H& X
is Sausage, LLC, is hereby revoked.
17
Requested by Department of:
Adopted by Council: Date / �O6
Adoption Certified by Council Secretary
By:
Approved}�{ Ma r: Date ( �
EY: `il�. ° l7LfRXrG�
By: �J�i�.•W2� lY r^4NLd"
Form Approved by City Attorney
By:
Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Lp — Licensellnspec5on/EnvironProt � 27-oEC-0S
Confact Person & Phone•
Rachel Gunderson
266-8710
on council /\qenda py (Date):
Total # of Signature Pages _(Clip All Lowtions for Signature)
Action Requested:
Approving the attached resolution to take adverse action against the Cigazette/Tobacco license held by H& X Sausage, LLC, d/b/a
H& X Sausage, LLC (License ID#20010001416) for the premises located at 1214 Thomas Avenue in Saint Paul.
itlations: Approve (A) or Reject (R):
Planning Commission
q6 Committee
Civil Service Commission
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On November 30, 2005, the licensee sold tobacco products to a minor. The sale was made during the time that the Cigazette/Tobacco
license was under suspension (CF #OS-1052)_ Aftex notification, licensee failed to zespond to Notice of Intent to Revoke License.
AdvantaneslfApproved:
Revocarion of license as recommended by the Offtce of LIEP.
DisadvanWges If Approved:
None.
.I�PR p 3 2005
IJt.L� �Y+
Green Sheet NO: 3029219
� �eoartment Sent To Person _
0 icenseJin ecFion/Environ Pro
��9n 1 icense/Ins ection/EnvimnYro De artmentDirector
Number q � Att rn
For
Routing 3 a or's OtSce Ma oN istant
Order 4� o n il
5 i Clerk Clerk
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this departrnenY?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm passess a skill not normally possessed by any
current city employee? �
Yes No
Ezplain all yes answers on separete sheet and attach to green sheet
RECEl�JED
Disadvantages If Not Approved:
License not revoked against the recommendation of the Office of LIEP.
ToWI Amount of
Transaction:
Funding Source:
Fi nancial Information:
(Explain)
CosURevenue Budgeted:
ActiviN Number:
9sw',^���,;E;�"S �ai��k�jF
A�`P�-S@a-�...,�:i , C..�
�v
.Zf�6� � 'k La�id
�^
CITY OF SAINT PAUL
Rmrdy C. KeR}; Mayor
December 6, 2005
OFFIC��F THE CITY ATTORNEY
Mmnret.7. Cervanles, CityAnorney � � ` ( ( _
,.�� �
Civil Division
400CityHall Te7ephone:651266-8770
ISWestKeZlo,qgBlvd Facsimi7e:651298-5619
Sa"netPaul, Minnesota 55702
NOTICE OF INTENT TO REVOKE LICENSE
Owner/Manager
H & X Sausage, LLC
1214 Thomas Avenue
St. Paul, MN 55104
RE: Cigazette/Tobacco license held by H& X Sausage, LLC , d/b/a H& X Sausage LLC for
the premises located at 1214 Thomas Avenue in Saint Paul
License ID # 20010001416
Dear Sir/Madam:
The Office of License, Inspection and Environmental Protection has recommended
revocation of the Cigarette/Tobacco license held by H& X Sausage, LLC , d/b/a H& X Sausage,
LLC for the premises located at 1214 Thomas Avenue in Saint Paul. The basis for the
recommendation is as follows:
On November 30, 2005, a license suspension check was conducted at the
H& X Sausage, LLC for the premises located at 1214 Thomas Avenue in
Saint Paul. A fifteen year old male entered the store and asked to buy
ci�arettes. He was not asked to show his identification, wluch would have
indicated he was undera�e. Nevertheless, the clerk sold him a package of
Swisher Sweets ci¢arettes. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.85 and Saint Paul Legislative Code §324.07.
Due to the fact that at fhe time of the sale, your cigarette/tobacco license was under suspension
(per Council File #OS-1052), the licensing office is now recommending revocation of your
license.
AA-ADA-EEO Employer
H & X Sausage, LLC ( �- � ` ,1 /
December 6, 2005 ��«l
Page 2
At tliis time you have three options on how to proceed:
If you wish to haue a public hearing before the Saint Paul City Council, you will need to
send me a letter with a statement admitting the facts and requesting a public hearing. We
will need to receive your letter by Monday, December 19, 2005. T`he matter will then be
scheduIed before the City Council for a public hearing to determiue whether to revoke
your license. You will have an oppoi�tmiity to appear before the Council and make a
statement on your own behalf.
2. If you dispute the above facts, you can request a hearing before an Administrative Law
Judge. At that hearing both you and the City will be able to appeaz and present witaesses,
evidence and cross-examine the other's witnesses. Th� St. Paul City Council will
ultimately decide the case. If this is your choice, please advise me no later than Monday;
December 19, 2005, and I will take the necessary steps to schedule the administrative
heariug.
3- If you no longer wish to do business in the City of Saint Paul, you may send a written
statemenf to that effect to Christine Rozek in the Office of License, Inspecfions and
Environmental Protection, 8 Fourth Street East, Suite 200, St. Paul, Mimiesota 55101-
1002 no later than Monday, December 19, 2005.
Please be advised that the clerk who was identified as having made the sale on tliis date is
also being charged an administrative penalty pursuant to Miim. Stat. §461.12, subd. 3. This is a
separate action from this license matter.
If I have not heard from you by that date, I will assume that you are not contesting
the revocation of your license.
Sincerely,
��
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Mai Xiong, 8769 Queens Gardens, Minneapolis, MN 55443
Jun-Li Wang, Community Organizer, Hamline Midway Coalition
1564 Lafond Avenue, St. Paul, MN 55104-1832
AA-ADA-EEO Empioyer
� � CX.o- �,�
STATE OF NIIIQNFSOTA )
) ss.
COiJNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly sworn, deposes and says that on December 6, 2005,
she served the attached NOTTCE OF INTENT TO REVOKE I,ICENSE by placing true and conect
copies thereof in envelopes addressed as follows:
Owner/Manager
H & X Sausage, LLC
1214 Thomas Avenue
St. Paul, MN 55104
Mai Xiong
8769 Queens Gardens
Minneapolis, MN 55443
7un-Li Wang, Community Organizer
Hamline Midway Coalifion
1564 Lafond Avenue
St. Paul, MN 55104-1832
(which are the last known addresses of said person) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
�� � .i.� . � ��r � . .' i�
� � — �
MEGHAN McGIVERN
Subscribed and sworn to before me