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07-871Amended 9/19/07 Council File # � � � Green Sheet # ;�0�.35(� 3 2 WHEREAS, adverse action was taken against all licenses held by Tony's Amoco, Inc., d/b/a 3 Tony's Amoco, Inc. (License ID #20010001039) for the premises located at 374 Lexington Parkway North 4 in Saint Paul, by Notice of Violation dated August 13, 2007, alleging licensee failed to unmediately 5 provide a surveillance tape upon request from Saint Paul Police in violation of license condition #2; and 6 7 9 10 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 11 �v� Dv RESOLVED that Tony's Amoco, Inc., d/b/a Tony's Amoco, Inc. is hereby ordered to pay a fine of 12 $�9&89� for failure to provide a surveillance tape immediately upon request from the Saint Paul Police 13 Department in violation of license condition #2. 14 15 This Resolution, and action taken above, is based upon facts contained in the August 13, 2007, 16 Notice of Violation sent to the licensee and the azguments made at the Public Hearing on September 19, 17 2007. 18 19 20 Benanav Boskom Harris Adopted by Council: Date Yeas ✓ ✓ Adoption Certified by Co il Secretary By: � Approved y ay : Date _` L-s o 7 By: Requested by Department of � • % � Form By: Form B City Attomey� k � . Council RESOLUTION 33 CITY OF SAINT PAUL, MINNESOTA � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � D?-��I DepartrnefMloffice/eouncil: Datelnitiated: s , -��ofs��.��o� ; 2�A�� , Green Sheet NO: 3043503 Contact Person & Phrne: Vrginia D. Palmer 266-8710 musi ese on �2SEP-07 � Doc.Type: RESOLUTION E-DOCUment Required: Y DocumentConfact: JulieKra�s Co�kact Phone: 2668776 � ueparmrom oena ro rerson 0 e tofSaf & 'ons Assign 1 e CofSaf & 'ans De ardnentDirectnr Number Z - Attom Por Routing 3 a or'sO�ce Ma or/Assistaot Order 4 ooncl � 5 ' Clerk Cti Clerk Total # of Signature Pages _(Clip All Lowtions for Signature) Approval of the attached resolurion to take adverse acfion against all licenses held by Tony's Amoco, Inc., d/b/a Tony's Amoco, Inc. (License ID#20010001039) for the premises located at 374 Lexington Pazkway North in Saint Paul. Planning Commission 1. Has this person�rtn ever xrorked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person�rtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city empioyee? Yes No Explain all yes ansWers on separate sheet and altach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to provide surveillance video immediately upon request of the St. Paul Police Department in violation of license condition #2. After notificarion, licensee requested a public hearing. Advantages If Approved: $500 matrix penalty. DisadvanWges If Approved: Noae. Disadvanqges If Not Approved: Transaction: Funding Source: Financiallnformation: (F�cplain) CosflRevenue Budgeted: Activity Number: - � '^ � ��P � 5 2�4� August 29, 2007 4:04 PM Page 1 OFFICE OF TI� CITY ATTORNEY John Choi, City Attorney D'1�$'1 CITI' OF SAINT PAUL Civil Division Chsistopher B. Colem¢n, Mayar 400 City Ha11 Telephone: 651266-87I0 ISWestKeZloggBtvd Facsimile:651298-5679 Saint Paul, Minnesota 55702 �� E1llgI1Sf 3�� 2.�� NOTICE OF COUNCIL HEARING Anton Maarouf Tony's Amoco, Inc. 374 Lexington Pazkway North St. Paul, MN 55104 RE: All licenses held by Tony's Amoco, Inc, d/b/a Tony's Amoco, Inc. for the premises located at 374 Lexington Parkway North in Saint Paul. License ID #: 20010001039 Deaz Mr. Maarouf: Please take notice that this matter has been set on the Public Heazing Agenda for the City Council meeting scheduled for Wednesday, September 19, 2007, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Aa11 and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for theu consideration. This is an uncontested matter concerning the fact that on June 11, 2007 a theft occurred at your establishment and you failed to provide surveillance video immediately upon request of the St. Paul Police Department as required by license condition #2. 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 violation is a $500.00 penalty. If there is anv information vou would like City Council to review arior to the nublic hearing I will need to receive it no later than Monday September 10 2007 Very iruly yours, �.� ,�� -P-�..,. Rachel U�fiderson%Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP/DSI Mary Erickson, Council Secretary, 310 City Hall Anton Maarouf, 2198 Marilyn Avenue, Eagan, MN 55122 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Tony's Amoco, Inc. 374 Le�ington Parkway North a�-�� Wednesday, September 19, 2007 @ 5:30 p.m. Violation: Licensee failed to immediately provide a surveillance video upon request of Saint Paul Police Department in violation of license condition #2. Date of Violation: June 11, 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 dated 7/31/2007 3. Copy of License Group Conditions Text dated 7/31/07 4. Copy of St. Paul Police Original Offense/Incident Report (CN #07-146-327) dated 7/26/07 5. Copy of Notice of Violation with Affidavit of Service dated 8/13/07 6. Copy of letter from licensee requesting a public hearing dated 8/23/07 7. Copy of Saint Paul Legislative Code §310.05 (m) License Group Comments Text Licensee: TONYS AMOCO INC �BA� TONYS AMOCO INC License #: 2p0'10007039 ( I �� 07l31/2007 �7l3t/2��7 To CAO £oc adverse aGion based on CNo7t46327- $5�0 matra penalty. GAR 07/26/2007 CN 07'I46327 describes several attempts by SPPD to obtain videos. Vdeo was not produced. CAR 03/06/2007 Email from Steve Parsons, SPPD, indicating that he is working with Romeo on ramera placement. CAR 03lOtl2007 Received signed conditions affidavit RS 02N 1/2007 Letter senf to Randy Thompson vrith revised license conditions. I removed number and type of cameras from #2 and changed compiiance dates to 02/282007. CAR 01/26/2007 Reply received from Mr. Thompson indiwting that rameras have not yet been wo�iced out with the vendor and SPPD. CAR 01/16/2007 CAR sent Ietter to Randy Thompson, atty for licensee, agreeing to most of proposed changes to the license condRions; a new affidavit was enclosed for signature. RS 12/20/2006 At request of attorney - deadline for signature extended to 01/03l2007. CAR 12/15/2006 Faxed letter to Randy Thompson, attorney for Tonys AMOCO asking for sign off on conditions (see conditions 1-7 on Requirement screen) that were verbally agreed to in our meeting with the owner, Romeo (property owner) SPPD(parsons), Thompson, CAO, Schweinler, and Rozek on 12/06/2006. Letter was mailed to Thompson as well. Letter asks for response within 7 days. CAR t 1/02/2006 Passed to6acco compliance check JWF 11l27/2005 $400.00 rwd for cig sales violation. ES 11/09/2005 CAO sent Notice of Volation re sale of cigarettes to a minor; fine�is $400 for a second violation in 12 months; deadline to respond is 11/21/05. RS 71 /04/2005 To CAO for adverse action. CAR 11/Ot/2005 CARE Recheck Failed tobacco compliance check. Second faiiure. Matrix penalty is $400. CAR/MMF 10/17/2005 $200.00 rcvd for cig sales violation. ES 10/07/2005 CAO sent Notice of Violation for sale of cigarettes to a minor; fine is $200; deadline to respond is 10/77/05. RS 09/20/2005 To CAO for adverse adion. CAR 09/15/2005 Passed tobacco compliance check. RDH OS/18/2005 Failed tobacco compliance check. (complaint). First failure Matrix penalty is $200. This location has received complaints regarding sales to underage. We will continue to check this location. CARlRDH 08/09/2005 Passed tobacco compliance check. (complaint check) RDH 03l25l2004 Passed tobacco compliance check. CMK. 03/27/2003 Passed tobacco compliance check. CMK. 03/26/2002 Passed tobacco compliance check. SS 06l05/2001 Passed tobacco compliance check. scs OS/2�2001 Have received no objections against this Gas Station, Grocery, Cigliobacco license by not�cation date per Gerry Strathman - license approved/caa 05/04/2001 per voice mail message from Gerry Leman 228-1855 of Summit-University Community Gouncil, district is meeting 5/14 at 5pm regarding this application. / caa 04/76/2001 Notification response date OS/18l2001, notices mailed 04/16/2001; 39M & 38EM.JL 04/03l2001 letter sent for req not met. caa � �� s�r.�a � �� -� �:. I �� "I � ��'�1� � � ��r�� s na�r � u«ma, r uwrm vea�Faa �t: � ne.n�x srcenme� E �' seeryua aTW D:em,� �1 lkdYxk �- �pL r � �FT �— �lfywGYe BY FNL � '� � �� iM3Z � � �� - �ar, i � � ,.�� R IXWf/AUf OAIIADI N SAOID — R rt30(RGW � IXiAtEa10H N AAD3 � Q�"�1( �i!:iii�2, � � �,�r�,�� , �� ra� � ��,.�� _� ��A� � �,�� rNFCN%4ff � L1Y4ltRCC6� qf'v Ucass'es Rvc9FH�Rwma W°�vN+§.4p�.'fHmCfLLamiKe[cmx3TV*�mj fi.drie_ LtYe eadp«naomR�ea r catact2qmec:;� D��g�l ,.... :�:��'�$�`��`�r �"":_�'",,,"�„ t R" . � . . .....; ;:�r �,� ��g �,-s�'�,+__ License Group Gonditions Text Llcensee: TONYS AMOCO INC �BA� TONYS AMOCO INC License #: p0010007039 � � a�-�� 07131l2007 1. This establishment will Gose from 1:30 AM -3:30 AM daiiy. The lights on ihe gasoline dispensers and the dispensers will be tumed off and the entrances to the property chained when the establishment is closed. Comply by: Immediately 2. Surveiliance pmeras must be installed and maintained inside and outside of the establishment to record all activities inside and outside of the establishment, with the placement of cameras made in accordance wRh Saint Paul Police Depadment (SPP4) recommendations. The cameras must be in operation and recording at all times. The establishment shall maintain these recordings for 30 days and they must be immediately available to the Saint Paul Police Department upon request and to the Office of License, Inspections, and Environmental Protection within 24 hours of the receipt of a written request for recordings. The qualdy of the recording shall be in compliance with orders of the Saint Paul Police Department. Compty by: 02/282007 3. Continue to remain in compliance with the requirement that "Rose Tubes" and smail plastic baggies (smaller than 4'X4") are not to be sold in this establishment. Comply 6y: Immediately 4. Post conspicuous signs that the area is under surveillance at every entrance to the parking lot, the entrance to the caT wash, hvo on each island of gas pumps (one facing each direction), and the entrance to the building.Comply by: 02/28/2007 6. These conditions will be reviewed with the licensee in 90 days to determine if adjustments are warranted. These conditions will not be permanent, but shall continue, subject to periodic review at the request of either party, to determine it changed circumstances warrant modifications of any of these conditions. Licensee will use good faith efforts to comply with these conditions. � � f .. Saint Paul Po(ice DepartmeF ��'� Pa9e 4 of4 ORIGINAL OFFENSE / INCIDENT REPORT Complaint Number Reference C � Date d Time of Report 07146327 ; � � � . ' ' fl��6�007 10:49:00 Pnmary offense: � INVESTIGATE-AND ALL OTHER Licensing Violation - The B.P. Station, 374 Lexington PA N, failed to comply with Iicensing requiremenfs by failing to provide surveillance camera videos immediately upon request of the St Paul Police Dept. between the dates of 06-13-07 and 07-25-07 as is required by the agreement that the gas station has with the City of St Paui. � f , � CITY OF SAIiJT PAUL Chrirtopher B. Colemml, Mayor August 13, 2007 � ' �� OFFICE OF TAE CITY ATTORNEY Joim Z choi, CiryA:torney Civil Division 400 CityHall I S WestKellaggBtvd Saint PauZ Ivfi'mesota SSIO2 NOTICE OF VIOLATION Anton Maarouf Tony's Amoco Inc. 374 Le�ngton Parkway North St. Paul, MN 55104 Telephone: 657 266-8770 Facsimile: 651298-5619 RE: All licenses held by Tony's Amoco, Inc., d/b/a Tony's Amoco, Inc. for the premises located at 374 Le�ngton Parkway North in Saint Paul. License ID #: 20�10�01039 Dear Mr. Maarouf: The Department of Safety and Inspections (DSI) has recoxnmended adverse action against alllicenses held by Tony's Amoco, Inc., d/b/a Tony's Amoco, Inc. for the prexnises located at 374 Lexington Parkway North in Saint Paul. The basis for the recommendation is as follows: On June 11, 2007, Saint Paul Police were called to investigate a theft from an automobile that occurred in the parking lot of your station (CN #07-146-32'n. When the offiicer spoke to the victim, he said that his vehicle was parked at the gas pumps directly in front of the station and he was sure the incident would have been captured by the surveiilance camera. On June 13, Z007, the officer came to your station and spoke with the on- duty cashier. He ident�ed himself and told the cashier that he needed to view and get copies of the surveillance video for the criminal investigation. The cashier told him that you were the only one who could retrieve the surveillance video and you were out of the country for approsimately one month. He left his business card and instructed the cashier to contact you to give him a call as soon as possible. During the ne� three (3) weeks, the office called the sfation and stopped in on at least three (3) different occasions. Each time, he was told that they would get the message to you to contact him regarding the surveillance video. AA-ADA-EEO Emulover % y' � � 0��8' Ton s Amoco i August 13, 2007 Page 2 On July 3, 2007, he stopped by and was told yon would be out of the country for another two weeks. Dnring the week of July 16, 2007, the officer was told by empioyees that you wonld be back in town the following week and yon would call him. On July 23, 2007, the officer came into you stafion and spoke directly with you regarding the surveillance video. He asked if you had received his messages and you told him that you had, bnt did not have time to respond. The officer asked the surveillance tape from the June 5, 2007, incident and you said you were not snre if the recordings from that far back were still a�ailable. You looked at the recordings and found that you could not play back any of the surveillance videos from late June. After a call to the security company, you told the officer the they could possibly recover the recording from that day when the technician came out later that afternoon. The officer gave you a date and time frame when he needed the surveillance video. You said you would have it available later that day or first thing Monday morning. As of July 25, 2007, the officer had not heard from you or any of your employees regarding the surveillance video. When the officer came back that day io tbe station, he was told tha4 you were again ont of the country and they were unsure of when you wouid be returning. He informed the cashier on duty that failure to provide surveiilance video upon request from the Saint Paul Police Department was a violation of one of yonr license conditions. This is a violation of license condition #2 which states: "Surveillance cameras must be installed and maintained inside and outside of the establishment to record a11 activities inside and outside of the establishment, with the placement of cameras made in accordance with Saint Paul Police Department (SPPD) recommendation. The cameras must be in operation and recording at all times. The establishment shall maintain these recordings for 30 days and they must be immediately available ta the Saint Paul Police Department upon request and to the Office of License, Inspections and Environmental Protection within 24 hours of the receipt of a written request for recardings. 7Tie qualiry of the recording shall be in complianee with orders of the Saint Paul Police DepaNtment. " Therefore, based on Saint Paul Legislative Code §310.05 (m) (1), the Department of Safety and will recommend a matrix penalty of $500.00 At tlus time, you ha�e three options on how to proceed: You can pay the recosnmettded $500.00 penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections at 8 Fourth Street East, Suite 200, St. Paul, Mi�esota 55101-1002 no later than Thursday, August 23, 2007. Inforxnation 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 entifled. AA-ADA-EEO Employer Tony's Amoco Inc. August 13, 2007 Page 3 r � o�-g� I 2. If you wish to adwit the facts but contest the penalfy, you may have a public hearing before the Saint Paul City Council, you will need fo send me a letter with a sFatement admitting the facts and requesting a public hearing. VJe will need to receive your letter by Thursday, Augast 23, 2007. The matter will then be scheduled before the City Council far a public hearing to defernuue whether to impose the penaity. You will have an opporhauity 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 Adwinisirative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and eross-exaxnine the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Thursday, August 23, 2007, and I will take the necessary steps to schedule the achninistrative hearing. If you have not contacted me by that date, I will assume that you do not contest the imposition of the $500.00 penalty. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you haue questions about these options, please feel free to contact me at 266-8710. Sincerely, �� i Rachel Gunderson Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Anton Maarouf, 2198 Marilyn Avenue, Eagan, MN 55122 AA-ADA-HEO F,mployer Chapter 310. Uniform Licen� �rocedures Page 1 of 1 �-. b�-S� I (m) Presumptive penalfies 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 license § 409.26 shall apply where a specifc violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that 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 penalty selected was more appropriate. Type of Violation Appea2nce ist 2nd 3rd :�i (1) Violations of conditions placed on the license $500.00 fine (2) Violation of provisions of the legislative code $500.00 fine relating to the licensed activity (3) Failure to permit entrance or inspection by 5-day LIEP inspector or police suspension (4) Commission of a crime other than a felony on $700.00 the premises by a licensee or employee (5) Commission of a felony on the premises by a $2,000.00 licensee or employee (6) Death or great bodily harm in estabiishment 30-day related to violation of Iaw or license conditions suspension (7) Failure to pay Iicense fees Revocation $1,000.00 $2,000.00 fine and 10- Revocati fine day suspension $1,000.00 $2,000.00 fine and 10- Revocati fine day suspension SO-day 15-day suspension Revocati suspension $1,500.00 S-day suspension Revocati Revocation n/a n/a 60-day Revocation n/a suspension (i) Fines payable without hearing. Norivithstanding the provisions of section 310.05(c), a licensee who would be 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 be a waiver of the hearing to which the ticensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (ii) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the liceneee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shalt co�sider the presumptive penalty for each such violation under the "ist Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penalties in the council's discretion. (iii) Violations occurring afrer the date of the notice of hearing. Violations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice (s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though par[ of the "lst Appearance." In aIl other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the cou�cii. http://www.ci.stpaul.mn.us/code/1c310.htm1 8/10/2007 STATE OF NIINNESOT� ) ss. COUNTY OF RAMSEY ) � AF'FIJ)AVIT OF SE1tVICE BY U.S. MATT, 6�-g�l Julie Kraus, being first duly sworn, deposes and says that on the 13�' day of Augast, she served the attached NOTTCE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: � � � � �F� �S' ��q Tony's Amoco Inc. 374 Lexington Parkway North St. Paul, MN 55104 Anton Maarouf 2198 Marilyn Avenue Eagan, MN 55122 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. , �� ulie Kraus Subscribed and sworn to before me this 13�' day of August, 2007 /� s /Pl - � No ry Public RITA M. g�SS�D NOTARY PUBLIC • MINNES�TA MY COMMISSION IXPtRESJAN.3M1.201 � �� ss C�I�is�l�� ,��z��f � G( �/ � ��U j� I fl�� ,f �� `�� .�h�� 1�� o��'t�r �� o� b� 8� ��s��7 � D GG ��G� G.�'� 3 � lf � ��'�t �'J �( iif'l� , Z �a�r� J�� e � �� f gg�I�TL+t� IN D.S.I. AUG 2 3 2DD7 ��'� I �� 1� ��,��. c�rn��i,/ : � ��('�lo�� ` � � �o�r�� u/�i� �l� /�� lI -� t"t �- � t a-c � a `��?o�'?� �/'�j a �y��,� �G-�- frl � /� �7y� � � ��y sf ��r �� o � ��i ��;,�"�'r G Y� f J 6 J 6 ra - a�� - g� 3� ��-rr