07-1081Coua��� F�le # D 1
Green Sheet # � O � 9 � �
Presented by
RESOLUTION
PAUL, MINNESOTA
�-1
WI�REAS, adverse acrion was taken against the Cigarette/Tobacco license held by Flor De Isote,
LLC, d/b/a Flor De Isote (License ID#20050004314) for the premises located at 935 Maryland Avenue
East in Saint Paul by Norice of Violation dated October 4, 2007, alleging licensee sold tobacco products to
a minor on August 16, 2007, in violation of St. Paul Legislative code §324.07 and Minn. Stat. §609.685;
and
WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation or pay the
$200.00 matrix penalty; and
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WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation or pay
the $200.00 matrix penalty by October 15, 2007, that the matter would be placed on the consent agenda to
impose the recommended penalty; now, therefore, be it
RESOLVED, that Flor De Isote, LLC, d/b/a Flor De Isote is hereby order to pay a matrix penalty of
$200.00 for the sale of tobacco products to a minor on August 16, 2007. Payment of such fine shall be
made within thirty days of the date of the adoption of this resolution.
Yeas
✓
Absent I Requested by Depariment of.
BY: � : TT 1 ,��/
�
Thune ;/ Form roved by City Attorney
Lj � By; � �.t�L"
Adopted by Council: Date ��j /���/JD7
Adoption Certified by Coun il Secretary Form Ap , ove by ayo or f mis i n to Council
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BY� ' By:
T
Approved b ar. Date 1( Q
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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$� — DeptofSafety&laspecuons j 02-NOV-07
CanUd Person F Phone:
Rachel Gunderson
266$710
Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contact: Julie Kraus
�■►
Assign
Number
For
Routing
Order
Contact Phone: 26G8776
Totai # of Signature Pages _(Clip AII Locations for Signature)
Green Sheet NO: 3045930
0 eptofSefeN&Inspecflons
1 i ept of Safery & Inspections Deparmient Director
2 !L5ry Attomev
3 vor's O&ce I Mavor/Assistant
4 onncil
5 Clerk Ci Clerk
Approval of the attached resolurion to take adverse action against the Cigazette/Tobacco license held by Flor De Isote, LLC, d/b/a Flor
De Isote (License ID#20050004314) for the premises located at 935 Maryland Avenue East in Saint Paul.
iaanons: t�pprove (H) or n
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/firtn ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem,lssues, OppoAunity (Who, What, When, Where, Why):
Licensee sold tobacco products to a minor on August 16, 2007 in violation of Saint Paul Legislative Code Section 324.07 and Minn.
Stat. Secfion 609.685. After notification, licensee failed to respond to NoUCe of Violation.
AdvantageslfApproved:
$200.00 mahix penalty
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Transaction:
Funding Source:
Financial Irrformation:
(F�cplain)
�':'�.��`� �: ; .f���
CosVRevenue Budgeted:
ActivityNumber: ��.'�,°°R�^hp.
November 2, 2007 9:33 AM Page 1
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OFFICE OF THE CITY ATTORNEY
John J. Choi, CiZyAnorney
/17-t0�
� ci 1 1 OF SLillV T PA V L Civil Division
ChrirtopherB.Colemcm,Mayor 400CityHa11 Telephone:65i266-8710
IS �estKeZZoggBlvd Facsimile: 65I298-5679
Saint Pau1, Mfrmesota SSIO2
��
October 4, 2007
NOTICE OF VIOLATION
Owner/Manager
Flor De Isote
935 Maryland Avenue East
St. Paul, MN 55106
RE: Cigazette/Tobacco license held by Flar De Isote, LLC, d/b/a Flor De Isote for the premises
located at 935 Maryland Avenue East in Saint Paul.
License ID #20050004314
Dear Sir/Madam:
The Deparhnent of Safety and Inspections (DSn has recommended adverse action against the
Cigarette/Tobacco license held by Flor De Isote, LLC, d/b/a Flor De Isote for the premises
located at 935 Maryland Avenue East in Saint Paul. The basis far the recommendation is as follows:
On August 16, 2007, a tobacco compliance check was conducted at Flor De Isote located at
935 Maryland Avenue East Saint Paul. A sigteen year old male entered the store and asked
to buy cigarettes. He was not asked to show his identificafion, which would have indicated
he was underage. Nevertheless, the clerk sold him a package of Marlboro cigarettes. Sale
of tobacco to an underage person is a violation of Minn. Stat. §609.685 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 penalty.
At this tune you have three options on how to proceed:
You can pay the recommended $200.00 matrix penalty. If this is your choice, you should make
payment directly to the Deparhnent of Safety and Inspections (DSI), at 8 Fourth Street East, Suite 200,
St. Paul, Minnesota 55101-1002 no later than Monday, October 15, 2007. Information should be
directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your
convenience. Payment of the penalty will be considered to be a waiver of the hearing to which you are
entitied.
AA-ADA-EEO Employer
Flor De Isote �
October 4, 2007
Page 2
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2. If you admit the facts, but contest the penalty, you may have 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 no later than Monday, October 15, 2007. The mafter will
then be scheduled before the City Council for a public hearing to determine whether to impose the
penalty. You will have an opportunity to appear before the Council and make a statement on your own
behalf:
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 witnesses, evidence and cross-exa.min.e
the other's wiinesses. The St. Pau1 City Council will ultimately decide the case. If this is your choice,
please advise me by Monday, October 15, 2007, and I will take the necessary steps to schedule the
administrative hearing.
If I have not heard from you by Monday, October 15, 2007, I will assume that you do not contest
the imposition of the $200.00 penalty. In that case, the matter will be placed on the Council's Consent
Agenda for approval of the recommended penalty.
Please be advised that the clerk who was idenfified as having made the sale on this date is also being
charged an admixristrative 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,
� �- lA/2. t�,u/1
Rachel Tierney J
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Ismael Hernandez, 2124-7th Street North, North St. Paul, MN 55109
Ms. Leslie McMurray, Executive Directar, Payne Phalen District 5 Planning Council
1014 Payne Avenue, St. Pau1, N1N 55101-3933
AA-ADA-EEO Employer
STATE OF MINNESOT�"
� ss.
COUNTY OF RAMSEY )
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Julie Kraus, being first duly swom, deposes and says that on the 4�' day of October, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Managex
Flor De Isote
935 Maryland Avenue East
St. Paul, NIlV 55106
Ismael Hernandez
2124-7th Street North
North St. Paul, MN 55109
Ms. Leslie McMurray, Executive Director
Payne Phalen District 5 Planning Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
� ��
Julie Kraus
Subscribed and swom to before me
this 4�' day of October, 2007
C- " %�f !.�'�t/ � ' �G
Notary Public
AFFIDAVIT OF SEi.JICE BY U.S. MAIL
MAI X. VANG
NOTARY PU9LtC- trRNI�SOTA
MY C OMMISSION
EXPIRES JAN.31.2010
Chapter 324. Tobacco
Sec. 324.07. Sales prohibited.
Page 1 of 1
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(a) No person shali sell a cigarette oufiside its original packaging containing health warnings satisfying the
requirements of federal law. No cigarettes shail be sold in packages of fewer than twenfy (20) cigarettes.
(b) No person shalf sefl or dispense cigarette paper or cigarette wreppers from a vending machine or a motor
vehicle. No person shatl sell or dispense tobacco from a motor vehicle.
(c) No person shall activate the remote control or provide tokens for a tobacco vending machine or setl
tobacco to anyone under the age of eigfiteen (18).
{d) Any violation of this chapter sha0 subject the licertsee to provisions of section 310 and section 3Z4.10 of
the Saiot Paul Legislative Code.
(COde 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; C.F. No. 94-341, § 7, 4-13-94; C.F. No. 97-314, § 1,
4-20-97; C.F. No. 06-872, § 1, 10-11-06)
ht[p://www.ci. stpaul.mn.us/code/1c324.htm1
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Chapter 324. Tobacco
Page 1 of 1
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Sec. 324.11. Presumptive penalties.
(a) Purpose. The purpose of Ehis section is to establish a standard by which the city council determines the
amount of fines, length of license suspensions and tfie propriety of revocations. These penalties are
presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case
where the counci[ finds and determines that there exist substantial and compelling reasons wfiich make it
appropriate to do so. Wfien deviating from these standards, the council sfiali provide written reasons that
specify why the penalty selected was more appropriate.
(b) Presumptive penalCies for violations. Adverse penatties for violations or convictions sha{! be presumed as
follows:
Type of Appearance
Violation
lst 2nd 3rd 4th
(1) Sale of tobacco to a minor $200.00 flne $400.00 fine 30-day suspension Revocation
(c) Fines payable without hearing. Notwithstanding the provisions of section 310.05(I), a licensee who would
be making a flrst or second appearance be4ore the councit may elect to pay the fine to the ofFice of LIEP
without a council hearing, uniess the notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount. Payment of the
recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will
be considered an "appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(d) Computation ofEime.
(1) If a licensee violates this chapter and the violation occurs within twelve (12) calendar months after the
first appearance of the same licensee for a violation under this chapter, the current appearance shall be
treated as a second appearance for the purpose of determining the presumptive penalty.
(2) If a Iicensee has appeared before the council on two (2) previous occasions for violations of this chapter,
and if said licensee again appears before the council for a violation of this chapter, and if the current violation
occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the
council, ±hen the currenY appearance sha;i be traated as a third appearanca for thz purpose of detarmining
presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous occasions, each for violations of this
chapter, and if said licensee again appears before the council for a violation of this chapter, and if the current
violation occurred within twenty-four (24) calendar months of the violation that gave rise to the first
appearance, then the current appearance shall be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4) Any appearance not covered by subsedions (1), (2) or (3j above shall be treated as a flrst appearance.
In case of multiple violations in any appearance, the date to be used to measure whether twelve (12J,
eighteen (18), or twenty-four (24) months have elapsed shall be the date of the violation last in time at the
first appearance, and the date of the violation first in time at any subsequent appearance.
(Ord. No. 17733, § 3, 5-8-90; C.F. No. 94-341, § il, 4-Y3-94; C.F. No. 97-314, § 1, 4-ZO-97; C.F. No. 02-
898, § 1, 11-6-02)
http:/Iwww.ci.stpaul.mn.us/code/1c324.htm1 8/17/2007
609.685, Miunesota Statutes 2006
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- -_ Legis�ture Home ( Lin&s ta fhe Worfd j Heip [ At
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House ( Senafs � Jain't Leparanenfs and Camsnissic�ns ( Bii# Ssarch and Sfatus � Statuf2s, La�s, and Ru[es
Minnesota Statutes Table of Chapters Chapter 6d9 Table of Contenfs
609.685, Minnesota Statutes 2006
Copyrighf O 2006 by tfie Office of Revisor of Statutes, Stafe of Minnesofa.
609.685 SALE OF TOBACCO TO CHILDREN.
Subdivision 1. Definitions. For the purposes of this section, the following terms shall have
the meanings respectively ascribed to them m this section.
(a) "Tobacco" means cigarettes; cigats; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and
sweepings of tobacco; and other kinds and forms of tobacco, prepazed in such manner as to be
suitabla for chewing or smoking in a pipe or other tobacco-related devices.
(b) "Tobacco related devices" means cigarette papers or pipes for smoking.
Subd. la. Penalty to sell. (a) Whoever sells tobacco to a person under the age of 18 years is
guilty of a misdsmeanor for the first violation. Whoever violates this subdivision a subsequent time
within five yeazs of a previous conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative defense to a ch�ge under tlis subdivision if *.he defen�la_rt Yroves hy a
preponderance o£the evidence that the defendant reasonably and in good faith relied on pzoof of
age as described in section 340A.503. subdivision 6.
Subd. 2. Other offenses. (a) Whoever fiuvishes tobacco or tobacco-related devices to a
person under the age of 18 years is guilty of a misdemeanor for the first violation. Whoever
violates this paragraph a subsequent time is guiliy of a gross misdemeanor.
(b) A person under the age of 18 years who purchases or attempts to purchase tobacco or
tobacco-related devices and who uses a driver's license, permit, Minnesota identification card, Qr
any iype of false identification to misrepresent the pezson's age, is guilty of a misdemeanor.
Subd. 3. Peity misdemeanor. Except as otherwise provided in subdivision 2, whoever
possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 years is guilty of a peity misdemeanor.
Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede or
preclude the continuation or adoption of any local ordinance which provides for more stringent
regulation oftlte subject matter in subdivisions 1 to 3.
Subd. 5. Egcepfions. (a) Notwithstanding subdivision 2, an Indian may fiunish tobacco to an
Indian under the age of 18 yeazs if the tobacco is furnzshed as part of a traditional Indian spiritual
or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of
an Indian tsibe as defined in seefion 260.755 subdivision 12.
(b) "Fhe penalties in this secfion do not apply to a person under the age of 18 yeazs who
purchases ar attempfs Yo purchase tobacco or tobacco-related devices while under the direct
supervision of a responsible adult for training, educafron, reseazch, or enforcement purposes.
Subd. 6. Seizure of false idenfification. A retailer may seize a form of idenfification listed
in section 340A.503 subdivision 6 if the retailer has reasonable grounds to believe that the
http://ros.leg.mn/bin/getpub.php?pubtype=STAT CHAP_SEC&year=current§ion=60... 8/17/20�7