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07-33Council File # � � Green Sheet # �'�� RESOLUTION PAUL, MINNESOTA Presented by � 2 WI-IEREAS, adverse acfion was taken against the Cigarette/Tobacco license held by Minnesota 3 Convenience Corporarion, d!b!a Gaitier Convenience (License ID#2005�OQ2929) for the premises located 4 at 380 Jackson Sh�eet in Saint Paul, by Notice of Violation dated December 14, 2006, alleging licensee sold 5 tobacco products to an underage person on November 29, 2006, in violation of Minn. Stat. §6�9.85 and 6 Saint Paul Legislative Code §324.07; and WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegation ar submit payment of the $200.00 fine; and 10 11 12 13 14 15 16 17 18 19 20 21 WIIEREAS, Notice of Violation stated that if the licensee failed to contest the allegation or submit the $200.00 fine payment by December 26, 2006, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Minnesota Convenience Corporation, d/b/a Galtier Convenience are hereby ordered to pay a fine of $200.00 for the sale of tobacco products to an underage person on November 29, 2006. Payment of fine shall be made within thirty days of the date of the adoption of this resolution. Adoption Certified by Council Secretary BY� � � Approve ay Date �— 2 L— U7 By: Rf•X--Y1l.� Requested by Department of. � ii 4_. ..... ` � ..� _ ! Form �A provedby City ttorney BY� � � � ll� � Form Ap ved or f S is 'o to ouncil By: Adopted by Council: Date /�j�/ �j J —T—r D7-� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenUofficeJcouncil: Date initiated: �P — License/InspatiodEnv'uonProt oz.��-0� Green Sheet NO: 3035830 CofHad Person & Phone: - Rachel Gunderson 266-8770 Doc. Type: RESOLUTION E-Document Required: Y Dowment Contact: Jufie Kraus Confad Phone: 2668776 � Assign Number Order Total # of SignaW re Pages _(Clip All Locations for Signature) 0 icensefin 'onlEnvironProt 1 'cen "oNEnviron Prot De ent Dir¢c[or 2 Attome 3 or`s O�ce Ma odASSistaot 4 aunp7 5 ' Clerk Cti Clerk Approval of the attached resolurion to take adverse acrion against the Cigarette/Tobacco license held by Minnesota Convenience Corporarion, dlbta Galtier Convenience (License ID# 20050002929) for the piemises located at 380 Jackson Stceet in Saint Yaul. Planning Commission 1. Has this persoNfirtn ever worked under e confract for this department? C�6 Committee Yes No Civif Service Commission 2. Has this personffmm ever been a city employee? Yes No 3. Does this person/flrm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to 9reen sheet lnitiating Problem, luues, Opporlunity (lhlho, What. When, Where, Why): On November 29, 2006, licensee sold tobacco products to an underage person in violation of Minn. Stat. Secrion 609.85 and Saint Paul Legislafive Code Section 324.07. After notificarion, licensee failed to respond to the No6ce of V iolafion. AdvanWges If Approved: $200.00 Mahix penalry. DisadvanWges if Approved: None. Disadvantages If NotApproved: Ge�� Transadion: Funding Source: Financiel Information: ' �Expiain) Activity Num6er: 1 • ,\� � ' CosURevenue Budgetetl: January 2, 2007 2:05 PM Page 1 '^. �- 07-33 OFFICE OF THE CITY ATTORNEY .Iohn J. Choi, CityAaorney SAINT PAUL � AAAA CITY OF SAINT PAUL Chsistopher B. Co7emmz, Mayor Crv�t�o„ 400 CiryHa11 IS l�estKeZZo�Blvd Saint Paul, Mmnesota 55102 Telephone: 651266-8770 Facsnnile: 65I 298-56I9 December 14, 20Q6 Owner/Manager Cralfier Convenience 380 Jackson Street St. Paul, MN 55101 NOTICE OF VIOLATION RE: Cigarette/Tobacco license held by Minnesota Convenience Corporation, d/b/a Galtier Convenience for the premises located at 380 Jackson Street in Saint Paul. License ID #20050002929 Dear SirlMadam: The Office of License Inspecrions and Environmental Protection has recommended adverse action against the Cigarette/Tobacco license held by 1Vliuuesota Convenience Corporation, d!b/a Galtier Convenience for the premises located at 380 Jackson Street in Saint Paul. The basis for the recommendation is as follows: On November, 29, 2006, a tobacco compliance check was conducted at Galtier Convenience for the premises located at 380 Jackson Street in Saint Paul. A sixteen year old male entered the store and asked to buy cigarettes. He was asked to show his identification, 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 nnderage person is a violation of Minn. Stat. §609.85 and Saint Paul Legislative Code §324.07. Since this counts as a first violation for the sale of cigarettes to an underage person, the licensing office has recommended a $Z00.00 fine. AA-ADA-EEO Employer Galtier Conveiuence December 14, 2006 Page 2 l; , At this time you have three options on how to proceed: � 07 You can pay fhe recommended $200.00 fine. If this is your choice, you should make payment directly to the Office of License, Inspections and Environmentat Protection, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Tuesday, December 26, 2006. 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. If wish to 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 by Tuesday, December 26, 2006. The matter will then be scheduled before the City Council for a public hearing to defetmuie whether to impose the fine. You will have an opportatuty to appear before the Council and make a stafement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrafive Law Judge. At r.hat nearing both you and we i i'ry wiii oe able io appear and preseni witnesses, evidence and cross-exauiine the other's witnesses. The St. Paul City Council will ultunately decide the case. If this is ybur choice, please advise me by Tuesday, December 26, 2006, and I will take the necessary steps to schedule the administrative hearing. If I have not heard from you by that date, I will assume that you do not contest the imposition of the $200.00 fine. Please be advised that the clerk who was idenfified as hauing made the sale on this date is also being charged an a� pEnalty pursuant to Miun. 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, `V G�� Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Directar of LIEP Richard Stai, 4900 Bartlett, Mound, MN 55364 Sheila Lynch, Director, CapitolRiver CounciUDistrict #17, 332 Minnesota Street, Suite W122 St. Paul, MN 55101-1314 AA-ADA-EEO Emulmu STATE OF NIINNESO"1r ) ss. COUNTY OF RAMSEY ) O �7- 33 Julie Kraus, being first duly swom, deposes and says that on the 14`� day of December, she served the attached NOT'ICE OF VIOLATION by placing a true and correct copy tbereof in an envelope addressed as follows: OwnerlManager Galfier Convenience 380 Jackson Street St. Paui, MN 55101 Richard Stai 4900 Bartlett Mound, MN 55364 Sheila Lynch, Director CapitolRiver CounciUDistrict #17 332 Minnesota Street, Suite W122 St. Paul, MN 55101-1314 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paui, Minnesota. . Julie Kraus Subscribed and sworn to before me this 14�' day of December, 2006 � �� ` No Public � AFFIDAVIT OF SEKi�ICE BY U.S. MAIL RITA M. BOSSARD � NOTARYPUSUC-MINNESOTA � MY COMMISSION � EXPIRES JAN. 31, 2 0 9 0