07-1174CITY OF
Presented
Council File # 0 7- // 7/�
Green Sheet #_36�{ s"� 3 �
RESOLUTION j �
�INT PAUL, MINNESOTA
1 WHEREAS, adverse action was taken against the Cigazette/Tobacco license held by Skorte, Inc.,
2 d/b/a Korte's Super Market (License ID#20000003505) for the premises located at 1326 Randolph
3 Avenue in Saint Paul by Notice of Violation dated October 5, 2007, alleging licensee sold tobacco
4 products to a minor on August 17, 2007, in violation of St. Paul Legislarive code §324.07 and Minn. Stat.
5 §609.685; and
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WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation or pay the
$200.00 matrix penalty; and
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 Skorte, Inc., d/b/a Korte's Super Market is hereby order to pay a matrix penalty
of $200.00 for the sale of tobacco products to a minor on August 17, 2007. Payment of such fine shall be
made within thirty days of the date of the adoption of this resolution.
Benanav
Bostrom
Harris
✓
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Adopted by Council: Date `
Adoption Certified by Cou�ncil Secretary
BY� �lr/Jiti/n, f �siiv,
Approved a . Date ]� 0 �
By:
Requested by Deparhnentof.
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BY: �
Fo ved by Cit orney
B aFi�, \ I,�,"
Form A� by ayo • bmi 'on to Council
By: �--
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
d�—//��
$� — DeptofSafety&Inspections I 02-NOV-07
Contact Person & Phone:
Rachel Gunderson
266�710
Doc.Type: RESOLUTION
E-Document Required: Y
DocumentConWd: JulieKraus
CoMzM Phone: 266-8776
�
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3045931
0 � ept of Safety & Iaso�.tions I i
1 e tofSafe &Ins ections De arLmentlTreMOr
2 �GStyAttorney
3 or's Office Ma r/ASSistant
6 ouncil I
5 ' C7erk City C7erk
Approval of the attached resolurion to take adverse action against the Cigarette/'I'obacco license held by Skorte, Inc., d/b/a Korte's
Super Mazket (License ID#20000003505) for the premises located at 1326 Randolph Avenue in Saint Paul.
�tlaEOns: Approve (A) or Reject (R): Personal Service Contrects Must Ariswer the Following Q�estlons:
Planning Commission 1. Has this personlfirm ever worKed under a contract for this department?
CIB Committee Yes No ,
Civil Service Commission 2. Has this persoNfirm ever been a city 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, Issues, Opportunity (Who, What, When, Where, Why):
Licensee sold tobacco products to a minor on August 17, 2007, in violation of Saint Paul Legislative Code 324.07 and Minn. Stat.
Section 609.685. After notification, licensee failed to respond to Notice of Violarion.
Advantages If Approved:
$200.00 matrix penalty
DisadvanWges If Approved:
Disadvantages If Not Approvetl: -
Transaction:
Funtling Source:
Financial lnformation:
(F�cplain)
Activity Number. � ls�+��
�� .
1 � i ,
November 2, 2007 9:40 AM
CostlRevenue Budgeted:
Page 1
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OFFICE OF Tf� CTTY ATTORNEY
.lohn J. Choi, Ciry�lnomey
U7���7�
. CI1 1 �F Sn!.lV 1 pAVL Civi[Division
Clzristopher B. ColemmS Mayor 400 Ci Ha11
tY Telephone: 651266-8710
- ISWestKeZZoggBlvd Facsimite:651298-56I9
SaintPau� Minnesota 55102
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October 5, 2007
NOTICE OF VIOLATION
Owner/Manager
Korte's Super Mazket
1326 Randoiph Avenue
St. Paul, MN 55105
RE: Cigazette/Tobacco license heid by Skorte, Inc., d/b/a Korte's Super Market for the premises
located at 1326 Randolph Avenue in Saint Pau1
License ID #20000003505
Deaz Sir/Madam:
The Department of Safety and Inspections (DSn has recommended adverse action against the
Cigarette/Tobacco license held by Skorte, Inc., d/b/a Korte's Super Mazket for the premises located at 1326
Randolph Avenue in Saint Paul. The basis for the recommendation is as follows:
On August 17, 2007, a tobacco compliance check was conducted at Korte's Super Market
located at 1326 Randolph Avenue in Saint PauL A siateen year old male entered the store
and asked to buy cigarettes. He was asked to show his identitication, 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 cigarettes. Sale of tobacco to an
underage person is a violation of Minn. Stat. §6Q9.685 and Saint Paul Legislative Code
§324.07.
Since this is a first violation for the sale of cigazettes to an underage person, the licensing office will
recommend a $200.00 penalty.
At this time 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 Department of Safety and Inspections (DS�, at 8 Fourth Street East, Suite 200,
St. Paul, Minnesota 55101-1002 no later than Monday, October 15, 2007. Informafion 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
entitled. "
AA-ADA-EEQ Employei
Korte's Super Market �
OcEober 5, 2007
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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 wifh a statement admitting the facts and requesting a public
hearing. VJe will need to receive your letter no later than Monday, October 15, 2007. The matter will
then be scheduled before the City Council for a public hearing to determine whefher 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 Admi�ustrative Law Judge. At that
hearing both you and the City will be able to appear and present witnesses, evidence and cross-examine
the other's witnesses. The St. Paul City Councii 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
aduiuustrative hearing.
If I have not heard from you by Monday, October 15, 2007, I will assume that you do not contest
fhe imposition of the $200.00 penalty. In that case, the matter will be placed on the Council's Consent
Agenda for approval of fhe recommended penalty.
Please be advised that the clerk who was identified as hauing made the sale on this date is also being
charged an administrative penalty pursuant to Mirni. Stat. §461.12, subd. 3. This is a separate action from this
license matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
��—�✓l� �t/L, I�tp,� n
• ---�
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Duector of DSI
Ms. Gayle Smnmer, Community Organizer, Highland District Council
1978 Ford Pazkway, St. Paul, MN 55116-1922
AA-AAA-EEO Employer
STATE OF MINNESO"�
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COUNTY OF RAMSEY )
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Julie Kraus, being first duly swom, deposes and says that on the 5�' day of October, she
served the attached NOTICE OF VIOLATION by placing a hue and correct copy thereof in an
envelope addressed as follows:
Owner/Manager
Korte's Super Market
1326 Randolph Avenue
St. Paul, NIN 55105
Ms. Gayle Suuuner, Community Organizer
Highland District Council
1978 Ford Parkway
St. Paul, MN 55 1 1 6-1 922
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
� n � ,�
Ji�lie Kraus
Subscribed and sworn to before me
this S day of October, 2007
�'L�� , �. /��a�
Not�axy Pubhc
AFFIDAVIT OF S�.VICE BY U.S. MAIL
� RfTA 1L 60$SI►RD
IOTIIRY PtBUC • MRd�ESOTA
MYCOMAMSSION
EXPIKES JAN. 31. 20 t 0
Chapter 324. Tobacco
Sec. 324.07. Sates prohibited.
Page 1 of 1
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(a) No perso� sfiall selt a cigarette outside its original packaging containing healEfi warnings satisfying the
requirements of federal law. No cigaretCes shall be sotd in packages of fewer than twenty (20) cigarettes.
(b) No person shall sell or dispense cigareEte paper or cigarette wrappers from a vending machine or a motor
vehicle. No person shal( sell or dispense tobacco from a motor vehfcfe.
(c) No person shall activate the remote control or provide tokens for a tobacm vending machine or sell
tobacco to anyone under the age o4 eighEeen (I8), _
(d) Any violation of this chapter sfialt subject tfie Iirensee to provisions of section 310 and section 32410 of
the Saint paui Legislative Code.
(Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; C.F. No. 44-341, § 7, 4-13-94; C.F. No. 97-314, � 1,
4-20-97; C.F. No. 06-872, § 1, 10-11-06)
http://www. ci.stpaul.mn.us/code/ic324.htm1
8/17/2Q07
Chapter 324. Tobacco
Page 1 of 1
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Sec. 324.11. Presomptive penalties.
(a) Purpose, ihe 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 appropriaEe for every case; however, the council may deviate therefrom in an individual case
where the council finds and determines that there exist substantial and competling reasons which make it
appropriate to do so. When deviating from tfiese standards, the council shall provide written reasons that
specify why the penalEy selected was more appropriate.
(b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
follows:
Type of Appearance
Violation
lst 2nd 3rd 4th
(1) Sale of tobacco to a minor $200.00 fine $400.00 fine 30-day suspension Revocation
(c) Frnes payable without hearing. Notwithstanding the provisions of section 310.05(I), a licensee who would
6e making a first or second appearance before the council may elect to pay the fine to the office of LIEP
without a council hearing, unless 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 6e a waiver of the hearing to which the Iicensee is entitled, and will
be considered an "appearence" for the purpose of determining presumptive penalties for subsequent
violations.
(d) Computation of time.
(1) If a licensee violates this chapter and the violation occ�rs within twelve (12) calendar months after the
first appearance of the same ficensee 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 licensee 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 vioiation
occurs within eighteen (18) calendar months of the vlolation that gave rise to the first appearance before the
ceuncil, then the current appearance shall be treated as a third appearance for the purpose of determining
presumptive penafty.
(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 vioiation that gave rise to the first
appearance, then the current appearance shali be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance.
In case of multiple violations in any appearance, the date to be used to measure whether twelve (12),
eighteen (18), or h^renty-four (24) months have elapsed shall be the date of the violation last in time at the
first appearence, 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, § 11, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02)
http:/Iwww.ci.stpaul.mn.us/code/1c324.hfm1 8/17/2007
609.685, Minnesota Statutes 2006
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- Legislature Homa � Lin&s fo fhe Warid ) Hetp f At
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House � Senaie J.toin2 F3apariments and Commissions ( Biif Search and 3fatvs � Statutes, Lav�s, and Rules
Minnesota Statutes Tab1e of Chapters Chapter 609 Tab{e of Contenfs
609.685, Minnesota Statutes 2006
Copyright O 2006 by the Office of Revisor of Stafutes, Sfate of Minnesota.
609.685 SAI.E OF TOBACCO TO CHII,DREN.
Subdivision 1. Definitions. For tUe purposes of this section, the following terms shall have
the meauiugs respectively ascribed to them in this section,
(a) "Tobacco" means cigazettes; cigazs; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready mbbed, 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
suitable for chewing or smoking in a pipe ar other tobacco-related devices.
(b) "Tobacco related devices" means cigarefte 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 misdemeanor for the 5rst violation. Whoever violates this subdivision a subsequent time
within five years of a previous convic6on undez this subdivision is guilty of a gross misdemeanor.
(b) It is an affirmative de£ense to a charge under +1iis subdivision if the defeadant proves by a
preponderance of the evidence that the defendant reasonably and in good faith relied on proo£ of
age as described in section 340A.503. subdivision 6.
Subd. 2. Other offenses. (a) Whoever fixrnishes tobacco or tobacco-related devices to a
person under the age of 18 years is guilty of a misdemeanor for the fiast violation. Whoever
violates this paragraph a subsequent tizne is guilty of a gross misdemeanoz.
(b} A person under the age of 18 yeazs who purchases or attempts to purchase tobacco or
tobacco-related devices and who uses a drivex's license, permit, Minuesota identification card, or
any type of false identification to misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3. Petly misdemeanor. Except as otherwise provided in subdivisiott 2, whoever
possesses, smokes, chews, or otlterwise ingesfs, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor.
Subd. 4. Effect on local ordinances. Notfiiug in subdivisions 1 to 3 shali supersede ar
preclude the continuation ar adoption of any local ordinance which provides for more stringent
regulation of the subject matter in subdivisions 1 to 3.
Subd. 5. Excepiions. (a} Notwithstanding subdivision 2, an Indian may fiuuish tobacco to an
Indian under the age of 18 yeazs if the tobacco is furnished as pazt of a traditionai Indian spiritual
or cultural ceremony. For purposes of this pazagtaph, an Indian is a person who is a member of
an Indian tribe as defined zn section 260.755. subdivision 12.
(b) The penaliies in this section do ttot apply to a person under the age of 18 years who
puzcfiases or attempts to purchase tobacco or tobaccarelated devices while under the direct
supervision of a responsible aduIt for training, education, research, or enforcement putposes.
Subd. 6. Seizure of faSse idenfification. A retailer may seize a form of identifrcarion listed
in section 340A.503. subdivision 6 if the reYailer has reasonable grounds to believe that the
http://ros.Ieg.mnlbin/getpub.php?pubtype=STAT CHAP_SEC&year=current§ion-60... 8(17/20Q7