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07-188Council File #-�� Green Sheet # � �y ' � Presented by i PAUL, MINNESOTA � 2 WHEREAS, adverse action was taken against all licenses held by Montrose Grocery and Oil, Inc., 3 d/b/a West 7�` Market (License ID#20050004273) for the premises located at 675 West 7�' Street in Saint 4 Paul, by Notice of Violation dated January 29, 2007, alleging licensee failed an alcohol compliance check 5 conducted by Saint Paul Police and sold alcohol to two underage persons on October 27, 2006, in violation 6 of Minn. Stat. §340A.503 and Saint Paul Legislative Code §410.04(a)(1); and 7 8 WHEREAS, licensee did not attend the required Alcohol Awareness Training after a first violation; 9 and 10 11 WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation or pay 12 the $500.00 fine; and 13 14 WHEREAS, Notice of Violation stated that if the licensee failed to contest the allegation or pay the 15 $500.00 fine by February 8, 2007, that the matter would be placed on the consent agenda to impose the 16 17 18 19 20 21 22 23 24 recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Montrose Crrocery and Oil, Inc., d/b/a West 7�' Market GKTC Corp., aze hereby ardered to pay a fine of $500.00 for failing an alcohol compliance check conducted by Saint Paul Police and selling alcohol to tcvo underage persons on October 27, 2QQ6. Payment of fine shall be made within thiriy days of the date of the adoption of this resolution. Requested by Department of. ii . �. • Adopjon-Eex�ed Y 6ur ci ecretary By: l Approved by r. Date � (� By: Fo roved by Ci Attomey By: j Form A rov b ayo Su ssion to Council By: Adopted by Council: Date Z Z�—�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � C�7 ��c5� LP — Li�ense/1nsPection/EnviranProc � 13FE6-07 CoMad Person 8 Phone: Rachel Gunderson 266-8710 C� Doc.Type: RESOLUTION E-Document Required: Y DocumeM CoMact: Juiie Kraus Order ConWct Phone: 266-8776 I I Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3036985 0 ic¢nsefln ection/Env'uon Prot 1 �de¢aseffnsptttioNEnviron Prot 1 11ep2ilIDeut lllieCtoc I 2 � AIfO[tl 3 a or's Office Ma or7Assismot 4 oancil 5 " Clerk � C7erk Approva7 of the attached resolution to take adverse action against all licenses held by Montrose Grocery and Oil, Inc., d/b/a W est 7th Mazket (License ID#20050004273) for ffie premises located at 675 West 7th Street in Saint Paul. Planning Commission 7. Has this person/firm ever worked under a contract for this depaAment? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cuirent city employee? Yes No Euplain all yes answers on separate sheet and altach to green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Licepsee failed an alcohol compliance check conducted by Saint Paul Police on October 27, 2006 in violation of Minn. Stat. Section 340A.503 and Saint Paul Legislafive Code Secrion 410.04(a)(1). Licensee also did not at[end required Alcohol Awazeness Training. After notification, licensee did not respond to the Norice of Violation. Advantages If Approved: $500.00 matrix penalty DisadvanWges If Approved: None Disadvanqges If Not Approved: Trensaction: Funding Source: Financiallnformation: (Explain) Adivity Number. ��:. .. ...'� MAY4R'S OFFICE ��??� ��"�?��`.�'i �s"�' ::�� .:. .�'. .� .��:.;: CosURevenue Budgeted: February 13, 2007 2:53 PM Page 1 �_. � OFFTCE OF THE CITI' ATTOI2NEY .Iohn J Choi, cityAtromey . 0 7`/�� CIT'Y OF SAINT PAUL CMZD�on ChristopherB. Coiemmi, Mayor 400 Ciry Hall Tetephone: 6i12bb-87I0 IS�estKelloggBZvd Facsimile:657298-56I9 . SamtPauZ,1Yt"umesota SSIO2 i 7anuary 29, 2007 NOT`ICE OF VIOLATION Owner/Manager West 7"` Market 675 West 7�` Street St. Paul, NAV 55102 RE: All licenses held by Montrose Grocery and Oil, Inc., d/b/a West 7"' Mazket for the premises located at 675 West 7�' Street in Saint Paul License ID #:20050004273 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection will recomntend that adverse action be taken against all licenses held by Montrose Grocery and Oil, Inc., d/b/a West 7` Mazket for the premises located at 675 West 7�' Street in Saint P.aul, based on the following information: On October 27, 2006, an alcohol compliance check was conducted by t&e Saint Paul Police (CN# 06-221-330) at the West 7`h Market for the premises located at 675 West 7`� Street in Saint Paul. Two underage persons entered the store and purchased a sig-pack of Coors Lite beer. The clerk completed the sale without asking them for their identification which was ciearly marked "Under 21". Police then went inside the store and informed the cierk that he sold alcohol to two underage customers. The clerk was very defensive and admitted that he did not ask for ID because he believed they were old enough. Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503 and Saint Paul Legislative Code §410.04(a) (1). On November 2, 2006, you were sent a letter from the Office of License, Inspection and Environmental Protection (LIEP) statimg thag all first violations for sale to an underage person are recorded as a warning if you and your staff attended alcohol awareness training by December 15, 2006. Records show on December 20, 2006, you and your staff received an e%tension until 1/15/07 to attend alcohol awareness training. As of toda�'s date, the Office of LIEP has no record of you or your staff attending the required alcohol awareness training. AA-ADA-EEO Employer West 7 Market � � � January 29, 2007 Page 2 � � l � �� As a resuit, the licensing office will recommend a$500.00 penalty for the violation that occurred on October 26, 2006. At this time, you have three options on how to proceed: You can pay the recommended $500.00 penalfy. If this is your choice, you should make payment directly to the Office of License, Inspactions and Environmental Protection, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Thursday, February 8, 2007. Information should be directed to the attention of Christine Rozek. A self-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. 2. Tf you wish to ha�e a public hearing before the Saint Pau1 City Council, you will need to send me a letter with a statement admitting the facts requesting a public hearing. We will need to receive your letCer by Thursday, February 8, 2007. The matter will then be scheduled before the City Council far a public hearing to determine whether to impose the penalty. You will haue an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Admuustrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examiaie the other's witnesses. The St. Paul City Council willultimately decide the case. If this is your choice, please advise me no later than Thursday, February 8, 2007, and I will take the necessary steps to schedule the administrative heazing. If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $500.00 penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �N�� Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Director - LIEP Alexander Hattar, 3430 List Place, Unit #1903, Minneapolis, MN 55416 Ms. Betly Morari, Community Organizer, West Seventl�/Fort Road Federation 974 West Seventh Street, St. Paul, MN 55102-3520 AA-ADA-EEO Employer STATE OF MINNESOT�''� �'SS. COUNTY OF RAMSEY ) r 0 7-�� AF]FIDAVIT OF SE_ IICE BY IU.S. MAIL 3ulie Kraus, being first duly sworn, deposes and says that on the 29th day of 7anuary, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager West 7�' Market 675 West 7�` Sireet St. Paul, MN 55102 Alexander Hattar 3430 List Place, Unit #1903 Minneapolis, MN 55416 Ms. Betty Moran, Community Organizer West SeventhlFort Road Federation 974 West Seventh Street St. Paul, MN 55102-3520 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. d ° t�� Julie Kraus Subscribed and sworn to before me this 29�' day of January, 2007 i 1/dc.i ,�� /��YGla -�� Ot3T5' PUIJIIC RITA M. BOSSARD NOTARY PUBLIC- MINNESOTA MY COMMISSION EXPIRES JAN. 31. 2 0 1 0