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07-1113couo��i F��e a D �1113 Green Sheet # 3 RESOLUTION OF Presented by NT PAUL, MINNESOTA � . 1 WIIEREAS, dverse ac � n was taken against the Cigazette/Tobacco license held by Teclemariam 2 Abraham & Amanuel am, d/b/a A& T Market (License ID #20030003955) for the premises located 3 at 381 Minnesota Street in Saint Paul, by Notice of Violation dated August 2, 2007, alleging licensee sold 4 several individual cigarettes from an opened package to an undercover police officer in violation of Saint 5 Paul Legislative Code §324.07 (a); and 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, The Department of Safety and Inspections has recommended a$500.00 fine; and WHEREAS, the licensee has not contested the allegations; now, therefore be it RESOLVED that Teclemariam Abraham & Amanuel Abraham, d/b/a A& T Market are hereby ordered to pay a fine of $500.00 for selling individual cigarettes from an opened package to an undercover police officer in violation of Saint Paul Legislative Code §324.07(a). This Resolution,'and action taken above, is based upon facts contained in the August 2, 2007, Notice of Violation sent to the licensee and the arguments made at the Public Hearing on Wednesday, November 21, 2007. Benanav Bostrom Harris Helgen Thune ✓ ✓ � Adopted by Council: Date �� Adoption Certified by C uncil Secretary BY � v Approved a r: Date �� L� (J By: Requested by Depariment o£ B y' ��:sl��.': � H f�� Form Approved by City Attorney By: � c�r�l%�Q�. Form A ove by ayo ubmi ion to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07-1 !13 SI -DePt of Safery & Inspxtions I 28-qUG-07 CoMact person 8 Phone: Rachel Tiemey 266-8710 Must Be on u cil Agenda (Daf �a-NOV-o� �tl�z�67 N: {� Doc. Type: RESOLUTION E-Document Required: Y Document Contad: Julie Kraus � Assign Number For Routing Ortler ConWct Phone: 266-8776 Total # of Signature Pages ^ (Clip All Locations for Signature) Green Sheet NO: 3043412 0 ept ofSafety & Inspecfions i 1 ept ofSafetv & Inspections Department Direc[or 2 ,City At[ornev i 3 or's Offite Ma or/ASSistant 4 ouncil 5 ' Clerk Ci Clerk Approval of the attached resolufion to take adverse acrion against the Cigazette/Tobacco license held by Teclemariam Abraham & Amanuel Abraham, dlbJa A& T Market (License ID#20030003955) for the premises located at 381 Minnesota Street in Saint Paul. iaanons: Npprove (a) or rt Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm everworked under a contract forthis department? Yes No 2. Has ihis personffirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not nortnally possessed by any curcent city employee? Yes No F�cplain all yes answers on separate sheet and aHach to green sheet Initiating Problem, Issues, OppoKunity (Who, What, When, Where, Why): Licensee sold individual cigazettes to an undercover police officer in violarion of St. Paul Legislative Code Secrion 324.07 (a). After notification, licensee requested a public hearing. Advantages If Approved: $500 matrix penalty. Disadvantages If Approved: None. Disadvanpges If Not Approved: Trensaction: Funding Source: Financial Information: (Explain) Activity Number: CosURevenue Budgeted: October 23, 2007 3:59 PM Page 1 �,,i' a,� OFFICE OF THE CITY ATTORNEY John Choi, City Attomey D��II l J CZ � O � `�� P ` , �-' CivilDivision Chsistopher B. Coleman, Mayor 400 City Hall TeZephone: 657 266-8710 ISWestKelloggBZvd FacsimzZe:651298-5619 Saint Paul, Mirznesota 55102 �� October 25, 2007 NOTICE OF COUNCII, HEARING Teclemaziam Abraham A & T Mazket 381 Minnesota Street St. Paul, MN 55101 RE: Cigarette/Tobacco license held by Teclemaziam Abraham & Amanuel Abraham, d/b/a A& T Market for the premises located at 381 Minnesota Street in Saint Paul. License ID #: 20030003955 Deaz Mr. Abraham: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, November 21, 2007, at 5:30 p.m., in the City Council Chambers, Third Floor, SainY Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on May 8, 2007, a cashier at your establishment sold several individual cigarettes from an opened package to an undercover police officer in violation of Saint Paul I,egislative Code §324.07 (a). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office for this violafion is a $500.00 fine. If there is anv informafion vou would like Citv Council to review urior to the public hearing I will need to receive it no later than Tuesdav November 13 2007 Very truly yours, �_ �'��..e 1 �.� Rachel Tiemey Assistant CityAttorney � cc: Christine Rozek, Deputy Director of LIEP/DSI Mary Erickson, Council Secretary, 310 City Hall Teclemariam Abraham, 7818-76th Street South, Cottage Grove, MN 55016 Sheila Lynch, Director, CapitolRiver Council/District #17, 332 Minnesota Street, Suite W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: A & T Market 381 Minnesota Street p�-l113 Wednesday, November 21, 2007 @ 5:30 p.m. Violation: Licensee sold several individual cigarettes from an opened package to an undercover police officer in violation of Saint Paul Legislative Code §324.07 (a). Dates of Violation: May 8, 2007 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Paul Police Original Offense/Incident Report (CN #0'7-084-048) dated 5/8/07 4. Copy of Notice of Violation with Affidavit of Service dated 8/2/07 5. 6. 7. Copy of electronic mail from licensee requesting a public hearing dated 8/8/07 Copy of Saint Paul I.Qgislative Code §310.05 (m) Copy of Saint Paul Legislative Code §324.07 (a) . Licensg'6roup Comments Text ( � Licensee: TECLEMARIAM ABRAHAM & AMANUEL ABRAHAM �BA� A & T MARKET License #: 20030003955 / v�-��3 O6/2'il2007 06/21/2007 To CAO for adverse action. CAR 06l13/2007 RECHECK 2006-Passed tobacco compliance check. PF OS/1'I/2007 passed cig. comp.ck.KS OS/08/2007 CN 07-084048 indicates that establishment is selhng single cigarettes which is a violation of 324A7(a). Mafr� penalty is $500 (3'10.05(m). CAR 02/07/2007 S50.00 rcvd from clerk for cig sales violation. ES '12/29/2006 $200.00 Rcvd for cig sale violation. AMN/ '12/79/2006 Notice of Violation for sale of tobacco to an underage persoa CAR 12/14/2006 To CAO for adverse adion. CAR 1 Z/07/2006 Failed tobacco compliance check. First failure, $200 matrix penalty. CAR 10/25/2005 Have received no objections against the malt off sale license application by notification date per Marcia Moertnond. License approved. cat 09/26/2006 Notifications sent, response date 10/74/2005; 26M and 32EM.gb O5/09/2005 Licensee lost permit, new permit issued. KRD 04/07/2005 Passed tobacco compliance check. RDH 12/29/2004 Passed tobacco compliance check. RDH 0924/2003 Licensee dropped off a Lease agreement. KRD r� - _ _-- -- - - ---- �� .�__ � �� .� � &T �-__ _ __.______�_ __ . _ .. ; ��r�� r 07-1I13 - -- - _ - - � -- � � (` 07� llI 3 � .� _, , �, �$ '.� � ��,�� ; �� _�°° � �� F� sa�« �"' na�,�.aa�< � i she� ryp� �--�" sr a;ecnae �� : ��x¢,a . uar. �""-, ------------.__.------------ �f- PALL ''_._ ..._...'_"_ lkervsBt#auFCmn�tk� ! — fAWTOCAOfoea�YmseecYVJ6.G4R �St6YN: �� LK �101 i11�7REqffGC200EVessC�iaheCfacamP�lce 3 4WrQ . .. ". - p� i i W44Caafe@ 7 1£29WCtiase9�i4,cOmp.ck}4S � __ g ' � � b�-1/l3 � - ----- . _ ___ 1 � � �� .�.��._.___, � �� a — � , _ ; , , _.___�.._�— __�_. , r �� __.. , etdm u�se ca�c��Jomx i sakc o ..� ,..�.,.,.. .... k �� ,:. , i of niad,kras - " _ ' � i � 8oig � � 3�i _ _ _ _ _ 9fS&�°� _ _ __ i . . � Saint Paul Police Department Page 7 of3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT � Complaint Number Reference CN Date and Time of Report 07084048 05/08/2007 15:30:00 Primary o7fense: INVESTIGATE-AND ALL OTHER LIEP COPY Data Privacy Restrictions Apply Minnesota Statute 13.82 Primary Reporting Office� COfl�Oy Michael J Name of locatioNbusiness: Prrmarysquad: 4g2 Location of incident 38� MINNESOTA ST N Secondary reporting officer. ST PAUL, MN 55101 App�over. Flynn, TIm01hy DisVict Central Date & time of o�currence: 05/08/2007 15:00:00 ro Site: 05/08/2007 15:30:00 Anest made: Secondary ofle INVESTIGATE-ASSIGNED TO CRIMES AGAINST PERSON Police OHicerASSau/ted o� Injured: Police OfficerAssisied Suicide: Crime Scene Processed.• OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Attempt Onty: Appears to be Gang Related: INVESTIGATE-ASSIGNED TO CRIMES AGAINST PERSON Attempt On7y: Appears to be Gang Related: NAMES Suspect UNKNOWN-- - -- Nicknames orAliases Nick Name: A/ias: AKA Fhst Name: Details Sex: Phones Home: Work AKA last Name: Race: DOB: Hispanic: Age: from to Contact. Pager. CeIL Fax: Resident Status: Empioymertt Occupation: Employe�: , . --- ( , � Saint Paul Police Department Pa9e 2 of 3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT 07-1/I3 Complaint Number Reference CN 07084048 Primary offense: INVESTIGATE-AND ALL OTHEFt Date and Trme o/ Report LIEP COPY 05/08/2007 15:30:00 Data Privacy Restrictic�ns Appty Minnesota Statute 13.82 ldentiCrcation SSN: license or ID#: License State: Physical Desc�iption US: Metric: Height to Weight to Teeth: OHender fn /or m ation Arrested: DUI: Condition: Build: Skin: Eye Co/or. Pursuit engaged: Resistance encounfered: Taken to health care facility: Hair Length: Facial Hair. Biood Type: Vio/ated Reshaining Order. Medical re/ease obtained: Hair Color. Hair Type: SOLVABILITY FACTORS Suspect can be identified: Photos Taken: Evidence Turried fn: Refated IncidenC BY. Stolen Property Traceable: Property Tur�Yed In: Lab BiologicalAnalysis: Fingerprints 7aken: Narcotic Anatysis: Lab Comments: ltems Fingerpnnted: Participants: Person Type: Name: Address: Phone: Suspect NARRATIVE Sqd #492(Conroy) assisted the Narcotics-Vice Response Team with a narcotics detail. This detail focused on the criminal activity occurring in the area of 5thlMinnesota St. After briefing in the NVRT Office. ! was assigned as the lJnder-Cover Officer. I was wearing a voice- transmitter, which was affixed to my body. Sgt. Anderson gave me $2 in Confidential Funds. He directed me to the Tobacco Shop at 381 Minnesota St. ! went into the store and waited in line at fhe check-out. There was an �nidentified b/m in froni of ine. I saw a�im give the cashier $2. The cashier reached underneath the counter and retrieved a pack of cigarettes. The cashier opened the container and gave the individual several cigarettes from the opened package. � ( Saint Paul Police Department Pa9e 3 of3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT �� Complaint Number Reference CN Date and Time of Report 07084048 Pnmary oflense: INVESTIGATE-AND ALL OTHER LIEP COPY 05/08/2007 15:30:00 Data Privacy Restrictions Apply Minnesota Statute 13.82 When it was my turn at the check-out, I gave the cashier the $2. I asked if 1 could get two cigarettes. He repiied that it is six cigarettes for $2, not two. Then, he reached into the same open pack of cigarettes. He gave me six cigarettes. I asked if he had any matches. The cashier gave me a book of matches. Then, I left the store. The cashier was a middle-eastern male, aprox. 35-40 years, 5-9, medium build. He had shorter, curly, black hair. I returned to a predetermined meeting location and gave the cigarettes and matches to Officer Rhode. See his Supplemental Report. PUBLIC NARRATNE 1 � � OFFICE OF THE CITY ATTORNEY John J Cho� CiryAnomey //13 CITY OF SAII�IT PAUL CiviZDivision CFvisTOpher B. CoTemm; Mayor 400 City Ha11 Telephone: 65I 266-8710 ISWesiKeZloggBlvd Facs"nniTe:65I298-5619 Saint Paul, Mirmesota 55702 i I�Ugi15t 2� 2��7 NOTICE OF VIOLATION Owner/Manager A & T Market 381 Minnesota Street St. Paul, MN 55101 RE: Cigarette/T'obacco license held by Teclemariam Abraham & Amanuel Abraham, d/b/a A& T Market for the premises located at 381 Minnesota Street in Saint Paul License ID No.:20030003955 Dear Sir/Madam: The Deparhnent of Safety and Inspections will recommend adverse action against the Cigarette/Tobacco license held by Teclemariam Abraham & Amanuel Abraham, d/b/a A& T Market for the premises located at 381 Minnesota Street in Saint Paul. The basis for the recommendation is as follows: According to St. Paul Police CN #07-084-048, on May 8, 2007, an undercover police of�cer entered your store and waited in line at the check-out counter. He observed the cashier reach underneath the counter and retrieve a pack of cigarettes. The individual in front of him gave the cashier $2.00 and the cashier opened the container and gave the him several cigarettes from the opened package. When it was his turn at the counter, he gave the cashier $2.00 and asked to purchase two (2) cigarettes. The cashier told him that it was six (6) cigarettes for $2.00. He then gave him the money and received six (6) individual cigareftes and a book of matc$es. This is a violation of Saint Paul Legislative Code §324.07 (a) which states "no person shall sell a cigarette outside its original packaging containing health warnings satisfying the requirements of federaI Iaw. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes." Therefore, as per Saint Paul Legislative Code §310.05 (m)(2), the licensing office will recommend a matrix penalfy of $500.00. AA-ADA-EEO Employer A & T Mazket r August 2, 2007 Page 2 At this time, you have three options on how to proceed: � D7-I113 You can pay the recommended $500.00 penalty. If this is your choice, please send it to the Department of Safety and Inspections (DSn at 8 Fourth Street East, Suite 200, St. Paul, Miuuesota 55101-1002 no later than Mottday, Augnst 13, 2007. Payment should be directed to tha attention of Christine Rozek. A self-addressed envelope is enclosed for your conveniense. Payment of the penalty wiII be considered a waiver of the hearing to which you aze entifled. 2. If you wisfi to admit the facts but contest the penalty, you may have a public hearing before the Saint Paut City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We witl need to receive your Ietter by Monday, August 13, 20�7. The matter wit2 then be scheduted before the City Council for a public hearing to determine whether to impose the penatty. You will have an opportunity to appear befare the Couucil and make a statement on your own behalf. 3. If yon dispnte the above facts, you can request a hearing before an Admiuistrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examitte each other's witnesses. The St, Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, August 13, 2007, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you are not contestiug the unposition of the $500 penalty. In that case, the matter will be piaced on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� v L/ Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Directar of DSI Teclernariam Abrahazn, 7818-76th Street South, Cottage Grove, MN 55016 Sheila Lynch, Ditector, CapitolRiver CounciUDistrict #17, 332 Minnesota Street, Suite W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer STATE OF MINNE30T ` � � ss. COUNTY OF RAMSEY ) Q��'j Julie Kraus, being first duly sworn, deposes and says that on the 2° day of August, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager A & T Market 381 Minnesota Street St. Paul, MN 55101 Teclemariam Abraham 7818-76th Street South, Cottage Crrove, NIN 55016 Sheila Lynch, Director CapitolRiver Council/Dishict #17 332 Minnesota Street, Suite W122 St. Paul, MN 55101-1314 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Miimesota. � � Julie Kraus Subscribed and sworn to before me this 2"' day of August, 2007 ` �� Not �� G �y / � ,, =�'�� AFFIDAVIT OF SI�� JICE BY U.S. MAIL e ; RITA M. BOSSARD NOTARYPUBLIC-MlNAlE507A � MY COMMISSION EXPtftES JAN. 31, 201 0 -^^� :,.�•.,.a Page 1 of 1 ]ulie Kraus - A & T Market 0�--1113 From: Rachel Gunderson To: KraUS, )ulie Date: 8J8/2007 10:48 AM Subject: A &T Market )ulie: I just spoke with the owner of the A& T Market who came into the office to talk about the proposed adverse action. He explained that he does not contest the allegations but would like a hearing before the Council to contest the fine. Can you please schedule this for the next available Counci( date after I return from my vacation. Thank you, Rachel Gunderson fi1e://C:\Documents and Settings�kraus\Local Settings\Temp�grpwise\46B99F67maildpo... 8/8/2007 Chapter 310. Uniform Licen�e_Procedures � Page 1 of 1 b"J—Ul3 (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor i+certse § 409.26 sfiall apply where a specific violation is listed. These penalties are presamed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines tfiat there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the pe�alty selected was more appropriate. Type of Vio(ation Appearance (1) Violations of conditions placed on the license (2) Viofation of provisions of the legistative code relating to the licensed activity (3) Failure to permit entrance or inspection 6y LIEP inspector or police (4) Commission of a crime other than a felony on the premises by a licensee or employee (S) Commission of a ielony on Yhe premises by a licensee or employee (6) Death or great bodily harm in establishment related to viotation of iaw or ticense conditions (7) Failure to pay license fees Sst 2nd $500.00 fine $1,000.00 fine $500.00 fine $1,000.00 fine 5-day 10-day suspensiort suspensiort $700.00 $1,500.00 $2,000.00 Revocation 30-day 60-day suspension suspension Revocation 3rd 4th $2,000.00 fine and 10- RevoCati day suspension $2,000.00 fine and iQ- Revocatl day suspension 15-day suspension Revocati 5-day suspension n/a Revocation Revocati n/a n/a {i) Fines paya6le without hearing. Notwithstanding the provisions of section 310.05 http://www.sipaul.gov/code/1c310.htm1 7/12/2007 Chapter 324. Tobacco Page 2 of 3 � r �. Sec. 324.04, Fee and duration. b"?�!(13 The annual Iicense fee for each location of sale or each tobacco vending machine shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. 7he license shall expire one (1) year from the date of issuance during eacfi ca(endar year. The annual license fee shall be prorated for licenses in force less than a futl year. (Code 1956, § 336.03; Ord. No. 17386, § 1, H-19-86; C.F. No. 92-1930, § 1, 1-14-93; C.F. No. 94-341, § 4, 4-13-94; C.F. No. 95-1271, § 1, 11-8-95; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.05. Application. In addition to any other information required by the director, the applicant shall staYe the true name of the applicant, the name under which he or she shall condud his or her business, whether such business is that of an individual, sole trader, firm, partnership, or corporation, and the address where such business is to be conducted. Any person applying for more than one (1) Iicense shall file with the Office of License, Inspections and Environmental Protection (LiEP) a list of all locations of sale and/or the location of each vending machine for which license applications are being filed. Any change in the Iocation of the place of sale shall be reported to the director within five (5} days of said change. (Code 1956, § 336.04; C.F. No. 94-341, § 5, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec, 324.05. License to be displayed. The ticense shall be disptayed by the licensee in a prominent and conspicuous place at the location of the totracco vending machine to be licensed. In the case of a tebacco vending machine, the operator shall also affix his or her name, address and telephone number in a conspicuous place on each machine. (Code 1956, § 336.06; C.F. No. 94-341, § 6, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.07. Sales prohibited. (a) No person shall sell a cigarette outside its original packaging containing health wamings satisfying the requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes. (b) No person shal! sel! or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle. No person shal� sell or dispense tobacco from a motor vehicle. (c) No person shalt activate the remote control or provide tokens for a tobacco vendtng machine or sell tobacco to anyone under the age of eighteen (18). (d} Any viotation of this chapter shall subject the ficensee to provisions of section 310 and section 324.10 of the Saint Paul Legislative Code. {Code 1956, § 336.07; Ord. No. 17714, § 1, Z-ZO-90; C.F. No. 94-341, § 7, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 06-872, § Y, i0-11-06) Sec. 324.08. Distribution of Pree tobacco products prohibited. No person in Yhe business of sefling or promoYing tobacco products or agenT or employee ot such person shall distribute tobacco products free to any person on the sidewalks, pedestrian concourses, pedestrian malls or pedestrian skyway systems within the City of Saint Paul. (Code 1956, § 336.08; Ord. No. 17714, § 2 2-20-90; C.F. No, 92-1930, § 2, 1-24-93; C.F. No. 94-341, § 8, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec, 324.09. Use of false identification by minors prohibited, No person under the age of eighteen (18) years shall purchase tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(b), using a driver's license, a Minnesota identification card, or other form of identification wfiich is false, fictitious, a(tered or counterfeited as to age or any other material fact of identificatlon. (Ord. No. 17733, § 1, 5-8-90; C.F. No. 94-341, § 9, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.10. Use of tobacco prohibited. No person under the age of eighteen (18) years shall purchase, use or possess tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(b). (Ord. No. 17733, § 2, 5-8-90; C.F. No. 44-341, § 10, 4d3-94; C.F. No, 97-314, § 1, 4-20-97) 5ec. 324.11. Pres�mptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the amount of fines, length of license suspensions and the 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 council flnds and determines that there exist substantial and compelling reasons which make it appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. http://www.stpaul.gov/code/1c324.htm1 7/12/2007