06-93Council File # V � � - t�
Green Sheet # �� � � I �LJ
Presented Sy
Referred To
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Committee: Date
WHEREAS, adverse acrion was initiated against the Cigazette/Tobacco licence held by
Hamza Khader Sumrin, d/b/a Twin's Mazket & Meat (License ID#2004000 1 8 1 1), far the premises
located at 1055 - 4`� Street East in Saint Paul by Notice of Violation dated December 19, 2005,
alleging a sale of tobacco products to a minor on December 7, 2005; and
WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation or
to make payment of the fine; and
WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay by
December 29, 2005 that the matter would be placed on the consent agenda to impose the
recommended fine; now, therefare, be it
RESOLVED, that Hamza Khader Sumrin, d/b/a Twin's Market & Meat is hereby ordered
to pay a fine in the amount of $200.00 for the violation of sale of tobacco products to a minor on
December 7, 2005. Payment of fine shall be made within thiriy days of the date of the adoption of
this resolution.
�-� r � -- � r �- - � Requested by Department of:
Adopted by Council: Date i p��
Adoption Certified by Council Secretary
By:
Appz
By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �/
gY: \ l � ��SC"`--�
Form Approved by City Attorney
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
LP �acense/tnspection/EnvironProt
ConWCt Person & Phone:
Virginia D. Paimer
266-8710
Must Be on Council /�qenda by (Date):
��
Date Initiated:
0�-93
,,�,�,-06 Green Sheet NO: 3029376
�
/lssign
Number
For
Routing
Order
0 icense/In ecti o/Environ ro
1 icense/I�s ection/EnvironPro De artmentDirector
2 i A rue
3 a or's Office Ma or/Assistant
4 ouncil
5 i Clerk C1 Cierk
Total # of Signature Pages _(Clip All �ocations for SignaWre)
Approval of the attached resolurion to take adverse acrion against the Cigazette/Tobacco license held by Haruza Khader Suimin, d/b/a
Twin's Mazket & Meat (License ID#20040001811) for the pTemises located at 1055-4th Sheet East in Saint Paul.
Pianning Commission
CIB Committee
Civil Service Commission
Following Questions:
1. Has this person/firm ever worked under a contract for this departrnenY?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Ooes this pers6nlfirm possess a skili cwt normally possessed by any
current city employee?
Yes No
Euplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Whb, What, When, Where, Why):
On December 7, 2005, licensee sold tobacco products to a minor. After notificarion, licensee failed to responil to Notice of Violation.
Advantastes If Approved:
Fine imposed as recommended by the Office of LIEP
DisadvantageslFApproved:
None.
DisadvanWges (f NotApproved:
Total Amount of
Trensaction:
Fundins� Source:
Financial Information:
(Explain)
(R): . � Personal Service
CostlRevenue Budgeted:
Activity Number:
�i's€}° n-. . . > ..^,�^ P`"�,� Y
^E f,r.°„''-,:"k;`� :iQ
JAN 17 2005
� J � �
� � OFFIG JF TFIE CITY ATTORNEY
� ` Manuel J Cervantu, Cityitnorney
b� 93
CITY OF 5AINT PAUL
Rrmdy C Kelly, Mrryor
+�rr
civi[ Divisiorz
400CiryHa11 �
IS West Kellogg Blvd
Saint Paul, Minnuota SSIO2
TeZephone: 651266-8710
Facsimile: 65I 298-56I9
December 19, 2005
NOTICE OF VIOI.ATION
Owner/Manager
Twin's Market & Meat
1055 - 4�` Sh East
St. Paul, MN 55106
RE: Cigarette/Tobacco License held by Hamza Khader Sumrin, d/b/a Twin's Mazket & Meat for the premises located
at 1055 - 4`� Sh East in Sainf Paul.
LicenseID #20040Q01811 �
Dear Sir/Madam;
The Office ofLicense Inspections and Environmental Protecrion has recommended adverse acfion against the
Cigarette/Tobacco License held by Hamza Khader Suuuin, d/b/a Twin's Mazket & Meat for the premises located at
1055 - 4�' Street East in Saint Paul. T'he basis for the recommendation is as follows:
On December 7, 2005, a tobacco compliance check was condacted at Twin's Market
& Meat for the premises located at 1055 - 4�" Street East in Saint Paul. A fifteen year old
male entered the store and asked to buy cigarettes. He was asked to show identification,
which he did. It correctly stated Lis date of birth, wluch indicated he was underage.
Nevertheless, the clerk allowed him to purchase the package of Came1 ciQareffes. Sale of
tobacco to an underage pereon is a violation of Minn. Stat. §609.85 and Saint Paul
Legislative Code §324.07.
Since this is a first violation for the sale of cigarettes to an underage person, the licensing office will recommend
a $200.00 fine.
At this fime you have three options on how to proceed:
1. You can pay the recommended fine. If this is your choice, you should make payment directly to the-Office of
Licerise, Inspections and Environmental Protection, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-
1002 by no later than Thursday, December 29, 2005. Information should be directed to the attention of
CYuistine Rozek. A seIf-addressed envelope is enclosed for your convenience. Payment�of the_fine will be
considered to be a waiver of the hearing to which you are entitled..
AA-ADA-EEO Employer
Twin's Market & Meat ( ('
December 19, 2005
Page 2 O b ` � �
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 admiriing the facts and requesting a public hearing. We will need to receive your letter no later than
Thnrsday, December 29, 2005. The matter will then be scheduled before the City Council for a public hearing
to detemune if the fine should be imposed. You will have an opportunity to appear before the Council and make
a statement on your own bet�alf.
3• 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 appear and present wihiesses, evidence and cross-examine the other's
witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no
later than Thursday, December 29, 2005, and I wiA take the necessary steps to schedule tfie administrative
hearing.
If I have 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 the sale on this date is also being chazged an
administrafive penalty pursuant to Minn. Stat. §46112, 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,
� �/`e�'1!K/�.
Rac el Gunderso
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Hamza Sumrin, 907 - 46 %2 Avenue NE #102, Minneapolis, MN 55421
Ms. Karin DuPaul, Community Organizer, Dayton's Bluff District 4 Community Council
798 East Seventh Slreet, St. Paul, MN 55106-6625
AA-ADA-EF.n F.mninver
(-
�_.
oc�—�3
STATE OF MIlVNESOTA )
) ss.
COIINTY OF RA.MSEY )
AFFIDAVIT OF SERVICE BY U.S. MAII.
MEGIIAN McGIVERN, being first duly sworn, deposes and says that on December 19,
2005, she served the attached NOTICE OF VIOLATION by placing true and correct copies thereof
in envelopes addressed as follows:
Owner/Manager
Twin's Market & Meat
1055 - 4�' Street East
St. Paul, MN 55106
> Hamza Sumrin
907 -46'/z Avenue NE #102
Minneapolis, MN 55421
Ms. Karin DuPaul, Community Organizer
Dayton's Bluff District 4 Community Council
798 East Seventh Street
St. Paul, MN 55106-6625
(which are the last known addresses of said persons) deposiring the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
L� �,�..C�i ���!'--'i.�
�
MEGHAN McGIVERN
Subscribed and sworn to before me
this 19th day of December, 2005.
otary Public
� SUL9� faiVNE K�Ai/S
M.GTARY PUBLIC • �hlNf�lESOTA
� s� co�nn�issio�
EXs�iR�S,DA�A.3i �