06-646Council File # ��i — /v�fb
Green Sheet # ,�()� / f � �
RESOLUTION
OF
Presented by
WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation or
make the payment of the fine; and
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2 WF�REAS, adverse action was initiated against the Cigazette/Tobacco license held by Maryland
3 St. Paul CVS, LLC, d/b/a CVS Pharmacy #7060 (License ID#20040004064), for the premises located at
4 810 Maryland Avenue East in Saint Paul by Nofice of Violation dated June 13, 2006, alleging a sale of
5 tobacco products to a minor on Apri16, 2006; and
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WIlEREAS, the Notice of Violarion stated that if the licensee failed to respond or pay by June 26,
2006, that the matter wouid be placed on the consent agettda to impose the recommended fine; now,
therefoze, be it
RESOLVED, that Maryland St. Paul CVS, LLC, d/b/a CVS Phannacy #7060 is hereby ordered to
pay a fine in the amount of $200.00 for the violation of sale of tobacco products to a minar on April 6,
2006. Payment of fine shall be made within thiriy days of the date of the adoption of tkris resolution.
Benanav
Requested by Depamnent of
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Adopted by Council: Date
PAUL, MINNESOTA
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Adoption Certified by Counci] Secref5ry
BY � .` t
Appro , d IvI s: ate ���''C�
By:
Form ove y C"ty A mey
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Form A r ve y ayor for Submission to Council
By:
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Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Oepartmentloffice/councl: DateiniHated:
� -L����o,�a�r z�,�,� Green Sheet NO; 3031182
Contact pyrson & Phone: DeoarlmeM SeM To Person InitiaUDate i
Rachel Gund875on � 0 icens ns Son/Environ Pro
266-8710 p��yn 1 iceoseQns tio ovironPro De artmentDireMo
Must Be on Councii Agenda b(Date): Number 2 i Attoroe
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Routing 3 a or' Office Ma or/ ssista¢t
'Z�� � Order 4 ouncil �
5 ' C! rk Ci Clerk
7ota1 # of Signalvre Pages _(Clip All Locations for Signature)
Action Requested: '
Approval of the attached resolution to take adverse acrion against the Cigarette/Tobacco license held by Maryland St. Paul CVS, LLC,
d/b/a CVS Phumacy #7060 (License ID#20040004064) for the premises located at 810 Marylaud Avenue East in Saint Paul.
Recommentlations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Pianning Commission 1. Has this personffirm ever worked under a wntraat for this tlepartment?
CIB Committee Yes No
Civil Service Commission 2. Has this personlfirtn ever been a city employee?
Yes No
3. Does this personlfirm possess a skili not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On April 6, 2006, licensee sold tobacco products to a minor. ABer notification, licensee failed to respond to Notice of Violarion.
AdvanWpes If Approved: ����
$200 fine as recommended by the Office of LIEP.
JUN 3 � 2�06
Disadvantapes If Approved: p � �/(�� ;� (+
None IVI�1Cr��� SJ��'
Disadvanpges If Not Approved:
Total Amount of CasURevenue Butlgeted: (�`�u��(� ���� �,�,��
Transaction:
Fundinp Source: ActiviiV Number:
Financiallnformation: ��� o � ry
(Explain) L���
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CITY OF SAINT PAUL
Christapher B. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
.7ohn J. Choi, City AKOrney
CivilDivision
400 CiryHa11
IS �estKeZ7oggBlvd
SaintPaul, M'vmesota SSIO2
Telephone: 65I 266-8770
Facsimi7e: 657 298-5679
June 13, 2006
NOTICE OF VIOLATION
Owner/Manager
CVS Pharmacy #7060
810 Maryland Avenue East
St. Paul, MN 55106-2536
RE: Cigarette/Tobacco license held by Maxyland St. Paul CVS, LLC, d/b/a CVS Pharmacy #7060 for
the premises located at 810 Maryland Avenue East in Saint Pau1.
License ID #20040004064
DearSir/Madam:
The Office of License Inspections and Environmental Protecfion has recommended adverse
acfion against the Cigarette/Tobacco License held by Maryland St. Pau1 CVS, LLC, d/b/a CVS
Phaimacy #7060 for the premises located at 810 Maryland Avenue East in Saint Paul. The basis for the
recommendation is as follows:
On Apri16, 2006, a tobacco compliance check was conducted at the CVS
Pharmacy #7060 for the premises located at 810 Maryland Avenue East in
Saiut Paul. A siateen 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 27's cigarettes. Sale
of tobacco to an underage person is a violation of Minn. Stat. §609.85 and
Saint Paul Legislative Code §324.07.
Since this counts as a first violation for the sale of cigarettes to an underage person, the licensing office
has recommended a $200.00 fine.
At this time you have three options on how to proceed:
AA-ADA-EEO Employer
CVS Phannacy #7060
7une 13, 2006
Page 2
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You cau pay tke recominended $200.00 &ne. If this is your ckoice, you skould make payment direcfly
fo the Office of License, Inspections and Environmental Proteetion, at 8 Fourth Street East, Suite 200,
St. Paul, Muviesota SS1Q1-1002 no later than Monday, June 26, 2006. Information should be directed
to tke attention of Christine Rozek. A self-addressed envelope is ettclosed for your convenieuce.
Payment of the fine will be considered to be a waiver of the hearing to which you are entitled.
2. If rvish to have a pubfic hearing before the Saint Paul City Council, you wzll 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, June 26, 2006. The mattez will then be scheduled be£ore the City Council for a public
hearing to determine whether to impose the f�ne. You wiIl have an opporhxniry 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 Aduaiuistrative Law Judge. At that
hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-exainiue
the other's witnesses. The St. Pau1 CiTy Council will ulrimafely decide the case. If this is your choice,
please advisa me by Monday, June 26, 2006, and I will take the necessary steps to schedule the
adinuustrative hearing.
If I ha�e not heard from you by that date, I will assume that you do not contest the imposition of
the fine.
Please be advised that the clerk who was identified as hauing made the sale on this date is also being
charged an admiuistrative penalty pursuant to Mim�. Stat. §461.12, subd. 3. This is a sepazate action from this
license matter.
If you haae any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
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Rachel Gunde son
Assistant City Attorney
cc: Chtistine Rozek, Deputy Director of LIEP
Catlynn Cabral, Licening Coardinator, 1 CVS Drive, Woonsocket, RI 02895
Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Plaxuiiiig Council
1014 Payne Avenue, St. Paul, MN 55101-3933
AA-ADA-EEO $mployer
STATE OF NIINNESOT�"-�
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COUNTY OF REIMSEY }
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AFFIDAVIT OF S�,VICE BY U.S. MAII,
7LTLIE KRAUS, being first duly sworn, deposes and says that on June 13, 2006, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in
an envelope addressed as foliows:
Owner/Manager
CVS Pharmacy #7060
810 Maryland Avenue East
St. Paul, MN 55106-2536
Catlynu Cabral, Licening Coordinator
1 CVS Drive
Woonsocket, RI 02895
Ms. Leslie McMurray, Executive Director
Payne Phalen District 5 Planning Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(which is the lasf known address of said person) depositing the sante, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
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Lll�l.�- d`���
Julie Kraus
Subscribed and swom to before me
tlus 13�' day of 7une, 2006
�1y�� .�_ <���
Notary Public
RITA IY1.,80S3AR� ''
t�7ARYPlRl1C-MMFES�TA �
MY COMMSSION
EXp(RES JAN.3t, 2Q S 0