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07-738Council File #- �� 7� Green Sheet # ,��t a (, / � RESOLUTION OF S INT PAUL, MINNESOTA � Presented by WIIE S, adverse ac on was taken against the Cigazette/Tobacco license held by Farah & Associates, LLC, Food & Tobacco (License ID#20060003109) for the premises located at 189-7�' Street East in Saint Paul by Notice of Violation dated June 22, 2Q07, alleging licensee sold tobacco products to a minor on June 13, 2007, in violation of St. Paul L,egislative code §324.07 and Minn. Stat. §609.685;and WHEREAS, licensee did not respond to the Notice of Violation to contest the allegations or pay the $200.00 matrix penalty; and 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegations or pay the $200.00 matrix penaity by July 2, 2007, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that Farah & Associates, d/b/a St. Paul Food and Tobacco is hereby order to pay a fine of $200.00 for the sale of tobacco products to a minor on June 13, 2007. Payment of such fine shall be made within thiriy days of the date of the adoption of this resolu6on. Benanav Bosuom Hazris Helgen Thune ✓ ✓ ✓ Requested by Departrnent of: �i . .�� Adopted by Council: Date ✓ Adoption Certified by Counc'1-Secretary BY� �G� i'.�SG�� Approved by Mayo Date 8 01 D�o7 �?IJ 3 $Y� � Ua � X7/'�`n4�r-� Form A roved by City Attorney BY= �� i Form prov d b Mayor for Su ission to CouncIl By: ��"7� � 6reen Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � $� — Dept of Safety & Inspections � 06-AUG-07 Co�ac[ Person & Phone: Rachel Gunderson 266-8710 Mu�t Be on Council Aqen Doc.Type: RESOLUTION E-0ocument Required: Y Document CoMact; Julie Kraus ConWct Phone: 266-8776 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3042611 0 _ pt of Safety & InsnecGOns � 1 e LoiSafe &Ios 'ons De artmentDirec/or 2 ' Attorn� 3 a or's O�ce Ma HASSistant 4 auocii 5 ' C7erk ' Clerk Approval of the attached resolution to take adverse acrion against the Cigarette/Tobacco license held by Farah & Associates, LLC, d/b/a St. Paul Food and Tobacco (License ID#20060003109) for the premises located at 189-7th Street East in Saint Paul. iaanons: npprove �w� or H Planning Commission CIB Committee Civil Service Commission 1. Has this perso�rm ever worked under a coniract for this department? Yes No 2. Has this persoNfirtn ever been a ciTy employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any curzent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Pro6lem, lssues, Opportunity (Who, What, When, Where, Why): On June 13, 2007, the licensee sold tobacco products to a minor in violation of St. Paul Legislarive Code Secrion 324.07 and Minn. Stat. Secdon 609.685. After notificatiou, licensee failed to respond to Nofice of Violafion. Advantages If Approved: $200.00 Mahix penalTy Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Souroe: Fi nancial 1 nformation: (Explain) Aciivity Number. CosURevenue Budgeted: August 6, 200710:52 AM Page 1 1" �-- OFFICE OF TI� CITY ATTORNEY .7ohn J. Choi, City Anorney 0�---��' � - cI� 0�` S�-IN1 pA�. CivilDivision Clvistopher B. Coleman, Mayor 400 Ciry Hall Telephone: 657 266-87I0 IS GPestKelloggBlvd. Facsimile: 65I298S619 Saini Paul, lvtmnesota 55702 �..�.r� June 22, 2007 NOTICE OF VIOLATION Owner/Manager St. Paul Food & Tobacco 189 - 7th Street East St. Paul, MN 55101 RE: Cigazette/Tobacco license held by Farah & Associates, LLC, d/b(a St. Paul Food & Tobacco for the prexnises located at 189 - 7th Street East in Saint Paul License ID #20060003109 Dear Sir/Madam: The Department of Safety and Inspections (DSn has recommended adverse action against the Cigarette/Tobacco license held by Farah & Associates, LLC, d/b/a St. Paul Food & Tobacco for the premises located at 189 - 7th Street East in Saint Paul. The basis for the recommendation is as follows: On June 13, 2007, a tobacco compliance check was conducted at the St. Paul Food & Tobacco located at 189 - 7th 5treet East 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 Camel Lights 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 counts as a first violation for the sale of cigarettes to an underage person, the Department of Safety and Inspections has recommended a$200.00 fine. At this time you have three options on how to proceed: 1. You can pay the recommended $200.00 fine. If this is your choice, you should make payment directly to the Deparknent of Safety and Inspections (DSn, at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, July 2, 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 wluck you are entitled. AA-ADA-EEO Employer � St. Paul Food & Tobacco June 22, 2007 Page 2 � o�-� 38 2. If wish to have a public heatiug before the Saint Paul City Council, you will need to send me a letter with a statement aduutting the facts and requesfing a public hearing. We will need to receive your letter by Monday, July 2, 2007. The matter will then be scheduled before the City Council far a public hearing to determine whether to nnpose the fine. You will have an opporhxnity to appeaz 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-exatnine the other's witnesses. The St. Paul City Councii will ultimately decide the case. If this is your choice, please advise me by Monday, July 2, 2007, and I will take the necessary steps to schedule the admivistrative 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 identified as hauing made the sale on this date is also being charged an admnustrative penalty pursuant to Miuu. Stat. §461.12, subd. 3. This is a separate action from this license matter. If you ha�e any questions, please feel free to contact me at (651) 266-8710. Sincerely, �� Rachel Gunder o Assistaut City Attorney cc: Christine Rozek, Deputy Director of L1EP Sadik Farah, 1565 St. Paul Avenue, Unit #9, St Paul, MN 55116 Jill Hirons, Director, Capital River CounciUDist. #17, 332 Minnesota Street, Suite W122 St. Paul, MN 55101-1314 AA-ADA-EEO Employer STATE OF MINNESOT(`"� � ss. COUNTY OF RAMSEY ) O� -736 Julie Kraus, being fust duly swom, deposes and says that on the 22nd day of June, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner(Mauager St. Paul Food & Tobacco 189 - 7th Street East St. Paul, MN 55101 Sadik Farah 1565 St. Paul Avenue, Unit #9 St Paul, MN SSl 16 Jill Hirons, D�ector Capital River CounciUDist. #17 332 Minnesota Street, Suite W122 St. Paul, MN 55101-1314 (which is the last known acidress of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. / Julie Kraus Subscribed and sworn to before me this 22nd day of June, 2007 �� Not Public �_ AFTIDAVIT OF SEk�ICE BY U.S. MAIL RITA M. BOSSARD NpiARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES JAN.31, 201 0