06-774Council File # � —`j
Green Sheet # 303 �
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
a�
2 VJFIEREAS, adverse action was taken against the Cigarette/Tobacco license held by Iman Akli,
3 d/b/a Rice Street Mazket (License ID#19980005692} for the premises located at 1200 Rice Street in Saint
4 Paul, by Notice of Violation dated Ju1y 14, 20Q6, alleging licensee sold tobacco products to a minor on
5 June 20, 2006; and
6
7 WHEREAS, The Office of License, Inspections and Environmental Protection has recommended a
8 $200.00 fine; and
9
10 WHEREAS, the licensee has not contested the allegations; now, therefore be it
11
12 RESOLVED that Ixnan Akli, d/b/a Rice Street Market is hereby order to pay a fine of $200.00 for
13 the sale of tobacco products to a minor on June 20, 2006.
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15
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This Resolution, and action taken above, is based upon facts contained in the July 14, 2006, Notice
of Violation sent to the licensee and the arguments made at the Public Heazing on August 16, 2006.
Requested by Department of:
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✓
Thune
Adopted by Council:
Adoption Certified by
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Approved by Ma
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BY _— _ ICBc,_r� �
BY: ` / 1 �vx..i
� Form�o�l� i Attomey
� � By:
Date `/ /� �
'ouncil Se tary Form Anrdro�d t Mayo r S � ission to Council
�A.��i�ia_ By: �� /
Date
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
OG- 77�
Departrnent/office%ouncil: j Date Initiated:
Lp — License/Inspec6onBnvironProt ; z���-0s Green Sheet NO: 3031487
i CoMact Person & Phone:
I� Rachel Gunderson
26fi$710
i AAUSt Be on Council Agenda by
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oe�artment �en[ � o rerson
Q irence/Incnertinn/F:nvirnn Prn
L iceose/[oscecfion/EnvironPro I Deoar[mentDirector �
2 iN Atturnev
3 avor's O�ce MavorlAssishant I
4 �ouncil �
5 i Clerk Ci C7erk
�
Assign
Number
For
Routing
Order
Total # of Signature Pages �(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolurion to take adverse action against the Cigazette/Tobacco license held by Imau Akli d/b/a Rice Street
Mazket (License ID# 19980005692) for the premises located at 1200 Rice Street in Saint Paul.
or Reject (R): � Personal Service
Following Questions:
Planning Commission 1, Has this persoNfirm ever worked under a wntract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not nortnally 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 June 20, 2006, licensee sold tobacco products to a minor. After norification, licensee requested a public heazing.
AdvantapeslfApproved:
Imposition of $20Q fine as recommended by the Office of LIEP.
•
�,
��� � � 2��6
Disadvantaqes If Approved:
None.
DisativanqAes If Not Approved:
Transaction:
Fundinp Source:
Cost/Revenue Budgeted:
Activitv Number:
�
��1�#�{
'Jl1! 26 2006
Financial Information:
(E�cplain)
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UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Counc�l Date:
Iman Akli d/b/a Rice Street Market
1200 Rice Street, St. Paul, MN 55117
Wednesday, August 16 @ 5:30 p.m.
Violation: Sale of tobacco products to a minor in violation of
Minn. Stat. §609.85 and Saint Paul Legislative Code
§324.07.
Date of Violation: June 20, 2006
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
$200.00 Fine
Attachments:
1. Proposed resolution
2. Notice of Violation with Affidavit of Service dated 7/14/06
3. Letter from licensee requesting a public hearing dated 7/20/06
o�-���
x��e St � � ���� �= � �� �` �
1200 rice st `�'�u;
., �'_ _
stpaul mn 55117 ;, _ _ _ _� :
,y:-� �=,r.
,�; ���..$ ��,--.��;�
Re- request for a public heaziug
Dear Rachel Gunderson
1m sending you this fetter fatlowiag up our ghone conversatioa ta reqeiest a pr�blic
hearing In front of a city council regazding the tobacco violation fhat accrued at rice sty
mazt�et
Unforiunately this happened and Im w�happy it did because we take pride of clean history
aver all these years for passing aii the inspections, aad never viotate irt once.
Sincerely
Bill Alsadi
(612)750 4448
r-
OFFIC$ OF TF� CITY ATTORNEY
✓ohn J Choi, CiryAttorney
�� - 77
,
CITY OF S AINT PAUL
ClmistopherB. Coleman, Mayor
Civil Division
400 City Hall
IS WestXelloggBlvd
Sa"vuPaui, M"mnesota SSIO2
Te7eph one: 651266�710
Facsimi7e: 65I 298-56I9
July 14, 2006
NOTICE OF VTOLATION
Owner/Nlanager
Rice Street Market
1200 Rice Sfreet
St. Paul, MN 55117
RE: Cigazette/Tobacco Iicense held bq Iman Akli, d/b/a Rice Street Mazket for the premises located
at 1200 Rice Street in Saint Paul.
License ID #19980005692
DeazSir/Madam:
The O�ce of License Inspections and Environmental Protection has recommended adverse
action against the Cigarette/Tobacco License held by Txnan Akli, d/b/a Rice Street Market for tl�e
premises located at 1200 Rice Sireet in Saint Paul. The basis for the recommendation is as follows:
On June 20, 2006, a tobacco compliance check was conducted at the Rice
Street Market for the premises located at 1200 Rice Street in Saint Paul. A
fifteen year old male entered the store and asked to bny cigarettes. He was
asked to show his identification, and did so. Tt correctly stated his date of
biu-th, which indicated he was uuderage. Nevertheless, tke cterk aIlowed him
to pnrchase tke package of Marlboro Lights cigarettes. • Sale of tobacco to an
underage person is a violation of Minn. Stat. §609.85 and Saint Paui
Legislative Code §324.07.
Since this counts as a first violation for the sale of cigarettes fo an underage person, the Iicensing office
kas recommended a $200.00 fine.
At this time you have three options on how to proceed:
AA-ADA-EEO Employer
Rice Straet Mazket
July 14, 2006
Page 2
,-.
�� _ �'��
1. Xou can pay the recommended $200.00 fine. If tlus is your choice, you should make payment
directly to the Office of License, Inspections and Bnvironmental Protecfion, at 8 Fourth Street
East, Suite 200, St. Paul, Minuesota 55101-1002 no later than Tuesday, July 25, 2006.
Information should be directed to the attention of Christine Rozek. A self-addressed envelope is
enclosed for your convanience. Payment of the fine will be considered to be a waiver of the
hearing to which you are entztied.
2. If wish to have a public hearing before the Saint Paul City Council, you wiil need to send me a
letter with a statement admitting the facts and requesring a public hearing. We will need to
receive your letter by Tuesday, July 25, 2006. The matter will then be scheduled before the
City Council for a public hearing to deter�niue whether to irupose the fine. You will have an
opporhznity to appear before the Cotzncil and make a statemettt on your own behalf.
3. If you dispute the above facts, qou can request a hearing before an Adtuiiustrative Law Judge.
At fhaf hearing both you and the City will be able to appeaz and present witnesses, evidence and
cross-exaxnine the other's witnesses. The St. Pau1 City Council will ultimately decide the case.
If this is your choice, please advise me by Tuesday, July 25, 2006, and I will take the necessary
steps to schedule the administrative hearing.
If I ltave 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 having made tha sale on tbis date is also being
charged an administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate action from this
license matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
�� c��
Rachel Gunderson
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Iman Akli, 101 McAndrew Road #304, Bumsville, MN 55337
Kerry Antrim, Community Organizer, Dishict 6 Plaiuiing Council
213 Front Avenue, St. Paul, NIN 55117
AA ADA-EEO Emp2oyer
OFFICE OF TF� CITY ATTOTtNEY
Mm:uel J Cervantes, CityAUOmey
L�` � i��-__
C I� �F' SL'11L� 1 PA�. Civil Division
RnndyC. Kelly, Mayor 400CiryHall 7'eZephane: 651266-8710
ISWestKeZlaggBlvd. Facsimile:6.i1298-3679
Saint Pau1, Minnesom 55702
rrr
July 25, 2006
NOTICE OF COUNClL HEARTNG
Bill Aisadi
Rice Street Market
1200 Rice Sfreet
St. Paul, MN 55117
RE: Cigarette/Tobacco License held by Iman Akli, d/b/a Rice Street Market for the premises
located at 1200 Rice Street in Saint Paul
License ID #19980005692
Deaz Mr. Alsadi:
Piease take notice that this matter has been set on the Public Hearing Agenda for the City Council
meeting scheduled £or 5:30 p.m., Wednesday, August I6, 2006 in the City Council Chambers, Third Floor,
Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolufion and other documents which will be presented to the Ciiy
Council for their consideration. This is an uncontested matter in that the facts concerning the sale of tobacco
products to a minor have not been disputed. Ttris matter has been placed on the public hearing agenda portion
of the City CouncIl meeting during whzch public discussion is allowed. The recommendation of the license
office is $200.00 fine.
If you have any questions please feei free to contact me at 266-8710.
Very truly yours,
�
chel Gund o
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Mary Ericksan, Assistant Council Secretary, 310 CiTy Haii
Kerry Antrim, Community Organizer, District 6 Planning Council
213 Front Avenue, St. Paul, MN 55117
AA-ADA-EEO Employer
STATE OF MINNESOTA)
} ss.
COUNTY OF RAMSEY )
a���� �
ATFIDAVIT OF SERVTCE BY U.S. MAII.
7ULIE KRAUS, being first duly sworn, deposes and says that on July 14, 2006, she
served the attached NO'TICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Manager
Rice Street Market
1200 Rice 5treet
St. Paul, MN 55117
Tman Akli
101 McAndrew Road #304
Burnsville, MN 55337
Keny Antrim, Cornmunity Organizer
District 6 Plamiing Council
213 Front Avenue
St. Paul, MN 55117
(which is the last imown address of said person) depositing the same, with postage prepaid, in
the United States maii at St, Paul, Minnesota. ,,.`
Subscribed and sworn to before me
this 14�' day of July, 2006
Fi� � � ����
No�ary Public
RITA M. BOSSARD
tJ�TARYPUBUC�n�a��;e> re y
MY COMIN3oSfOtu
DCPlRE3 JAN. 37 . 2 Q t"v r