07-913Council File # �
Green Sheet # � Q
RESOLUTION
1 WHEREAS, adverse action was taken against the Cigazette/Tobacco license held by Dollar, Inc.,
2 dJbJa Dollar, Inc. (License ID#20070001162) for the premises located at 560 University Avenue West in
3 Saint Paul by Notice of Violation dated August 22, 2007, alleging licensee sold tobacco products to a
4 minor on June 19, 2007, in violation of St. Paul Legislative code §324.07 and Minn. Stat. §6Q9.685; and
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6 WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation or pay the
7 $200.00 mah penalty; and
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WHEREAS, the Notice of Violation stated that if the licensee failed to contest the ailegation or pay
the $20Q.00 matrix penalty by September 4, 2007, that the matter would be placed on the consent agenda to
impose the recommended penalty; now, therefore, be it
RESOLVED, that Dollar, Inc., d/b/a Dollar, Inc, is hereby order to pay a penalty of $200.00 for the
sale of tobacco products to a minor on June 19, 2007. Payment of such fine shall be made within thirty
days of the date of the adoption of this resolution.
Requested by Deparhnent of:
� � �
_ S
Fortn oved by City Attorney
BY� �� � LtR In.t.��)
Form A pr e by or fo � � miss' to uncil
By:
CITY OF SAINT PAUL, MINNESOTA "
Adoption Certified by Co cil Secretary
BY� �' .LS
Approved b y. Date I� � o
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
6�-%/3
$� — Dept of Safety & Inspectioffi
Contact Person & Pbone:
Rachel Gunderson
266-8710
Must Be on Cauncil Agend
-��cons NC� I
Doc. Type: RESOLUTION
E-DocumentRequired: Y
Document Contact: Julie Kraus
Contact Phone: 2658776
14-SEP-07
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Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip NI Locations for Signature)
Green Sheet NO: 3044019
0 � e�4 ofSafety & 7ns�ections �
1 eotofSafety&Insnecboas I DenarhnentD'uector I
2 'ty Attornev I
3 a or's Office � Ma orlAssistani
4 amcil
5 ' C1erk C� Clerk
Approval of the attached resolurion to take adverse acfion against the Cigazette/I'obacco license held by Dollaz, Inc., d/b/a Dollaz, Inc.
(License ID#2007000ll 62) for the premises located at 560 University Avenue in Saint Paul.
�aaaons: npprove �w7 or w
Planning Commission
CB Committee
Civil Service Commission
1. Has this person/firm ever worked under a wntrect for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain ail yes answers on separate sheet and a@ach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee sold tobacco products to a minor on June 19, 2007 in violarion of St. Paul Legislarive Code Section 324.07 and Minn. Stat.
Secfion 609.685. After notificaHon, licensee did not respond to the Notice of Violarion.
Advantages If Approved:
$200.00 matdx penalty
DisadvanWges If Approved:
Disadvantages If NotApproved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
CostlRevenue Budgeted:
September 14, 2007 135 PM Page 1
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OFFICE OF TfIE CITY ATTORNEY
.lohn J Choi, CityAnorney
CITY OF SAINT PAUL crv,rDrv�io„
Clvistapher B. Coiemm5 M¢yor ¢DO CityHall Telephone: 651266-8710
ISWes[KelloggBZvd Facr'nrsi7e:657298-5619
SaintPaul, M'mnesota SSIO2
�r
August 22, 2007
NOTICE OI' VIOLATION
Owner/Manager
Dollar, Inc.
560 University Avenue West
St. Paul, MN 55103
RE: Cigarette/Tobacco license held by Dollar, Inc., d/b/a Dollar, Inc. for the premises located
at 560 University Avenue West in Saint Paul
License ID #20070001162
Deaz Sir/Madam:
The Depazhnent of Safety and Inspections (DSn has recommended adverse action against the
Cigarette/Tobacco license held by Dollar, Inc., d/b/a Dollar, Inc. for the premises located
at 560 University Avenue West in Saint Paul. The basis for the recommendation is as follows:
On June 19, 2007, a tobacco compliance check was conducted at Dollar, Inc., located at 560
University Avenue West. A siateen year old male entered your store and asked to buy
cigaretfes. 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 sold him a package of
Marlboro 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 violafion for the sale of cigazettes to an underage pezson, 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 Department of Safety and Inspections (DSn, at 8 Fourth Street East, Suite 200, St. Paul,
Minnesota 55101-1002 no later than Tuesday, September 4, 2007. Information should be directed to
the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Paymenf
of the fine will be considered to be a waiver of fhe hearing to wYuch you are entitled.
AA-ADA-EEO Employer
Dollaz, Inc, r~
August 22, 2007
Page 2
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07-9�3
2. If you wish to admit the fact but contest the penalty, you may have- a public hearing before the Saint Paul
City Council, you wiil 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, September 4, 2007. The matter will .
then be scheduled before the City Council far a pubiic hearing to detertnine whether to impose the
penalty. You will have an opporiunity to appeaz before the Council and make a statement on your own
behaLf.
If you dispute the above facts, you can reguest 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-exanuue
the othez's wifnesses. The St. Paul City Council will ultimately decide the case. If this is your choice,
please advise me by Tuesday, September 4, 2007, and I will take the necessary steps to schedule the
acluiinistrative 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. In that case, the mafter will be piaced on the Council's Consent Agenda for approval
of the recommended penalty.
Please be advised that the clerk who was identified as having made the sale on this date is also being
charged an aduiirustrative penalty pursuant to Minn. Stat. §46112, 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,
�
Rachel Gun erson
Assistant City Attorney
cc: Christine Rozek, Deputy Directar of LIEP
Hussein Nasir, 195 Edmund Avenue #205, St. Paul, MN 55103
Vanessa Levirtgston, Community Organizer, Suuunit-University Planning Council
627 Selby Avenue, St. Paul, MN 55104-6615
AA-ADA-EEO Employer
Chapter 324. Tobacco � Page 1 of 1
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Sea 324.07. Sates prohibited. D7.G,�
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(a) No person shal! sell a cigarette outside its originai packaging containing health warnings satisfying the
requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20} cigarettes.
(b) No person shall sell or dispense cigarette paper or cigarette wrappers from a vending machine or a motor
vehicte. No person shall se41 or dispense tobacco Rom a motor vefiicle.
(c) No person shall activate the remote control or provide tokens for a tobacco vending macfiine or sell
tobacco to anyone under the age of eighteen (18).
(d) Any violation of tfiis chapter shall subject the licensee to provisions of section 310 and section 324.10 of
the Saint Paul Legislative Code.
(Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; C.F. No, 94-341, § 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/1c324.htinl 8l17/2007
Chapter 324. Tobacco Page 1 of 1
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Sec. 324.11. Presumptive penalties. a � J �j�
(a) Purpose. The purpose of this section is to establish a standard by which the city council determines the
amount of fines, length of 4icense suspensions and the propriety of revocations. These penaities are
presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case
where the counci! finds and determines that there exist substantial and compelfing reasons which make it
appropriate to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty selacted was more appropriate.
(b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
foltows:
Type of Appearance
Vioiation
lst 2nd 3rd 4th
(1) Sale of tobacco to a minor $20D.00 fine $400.00 fine 30-day suspension Revocation
(c) Fines payab/e without hearing, Nohvithstanding the provisions of section 310.05(I), a ficensee who would
be making a first or second appearance before the council may elect to pay the fine to the o�ce 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 flne will be considered to be a waiver of the hearing to which the Iicensee is entitled, and will
be considered an "appearance" for Che purpose of determining presumptive penaities for subsequent
violations.
(d) Computation of time.
(1) IP a ficensee violates this chapter and the violation occurs within twelve (SZ) calendar months after the
first appearance of the same licensee for a violation under this chapter, the current appearance shall be
treated as a second appearance Por 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 violation
occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the
council, then the current appearance shalf be treated as a third appearence for the purpose of determining
presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous occasions, each for violaYions of this
chapter, and if said licensee again appears be4ore the council for a violation of this chapter, and if the current
violation occurred within twenty-four (24) calendar months of the violation that gave rise to the first
appearance, then the current appearance shall 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 hvelve (12),
eighteen (18), or twenty-four (24) months have elapsed shalt be the date of the violation last in time at the
first appearance, 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, § li, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02)
http:llwww.ci.stpaul.mn.us/codellc324.htm1 8/17/2007
609.685, Mi�esota Statutes ?,O06 � Page 1 of 2
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House � Senats {.loini DeparFments and Comm3ssions f 6it1 Search and Status J SfaEUies, Laws, and Rutes
Minnesota Statutes Table of Chapters Chapter 609 Table of Contents
609.685, Minnesota Statutes 2U06
Copyrighf O 2006 by the Office of Revisor of Statufes, State of Minnesota.
609.685 SALE OF TOBACCO TO CffiLDREN.
Subdivision 1. Definifions. For the purposes ofthis section, the following terms shall have
the meaniugs respectively ascribed to them in this section.
(a) "Tobacco" means cigazettes; cigats; cheroots; stogles; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cutqngs 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 or other tobacco-related devices.
(b) "Tobacco related devices" means cigarette 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 first violation. Whoever violates this subdivision a subsequent time
within five years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
(b) It is an affnnative defense to a chazge under this subdivision if the defendant proves by a
preponderance of the evidence that the defendant reasonably and in good faith relied on proof of
age as described in section 340A.503. subdivision 6.
Subd. 2. Other offenses. (a) Whoever fiiruishes tobacco or tobacco-related devices to a
person under the age of 18 years is guiky of a misdemeanor for the first violafion. Whoever
violates this paragraph a subsequent time is guilty of a gross misdemeanor.
(b) A person under the age of 18 years who purchases or attempts to purchase tobacco or
tobacco-related devices and who uses a driver's license, permi� Minnesota identiflcation cazd, 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 subdivision 2, whoever
possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 yeazs is guilty of a petty misdemeanor.
Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shail supersede or
preclude the continuation or adoption of any local ordinance wluch provides for more siringent
regularion ofthe sub}ect matter in subdivisions 1 to 3.
Subd. 5. Egceptions. (a) Notwithstauding subdivision 2, an Indian may fiunish tobacco to an
Indian under the age of 18 yeazs if the tobacco is fiunished as part of a traditional Indian spiritual
or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of
an Indian tribe as defined in section 260.755 subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 18 years who
purchases or attempts to purchase tobacco oz tobacco-related devices while under the direct
supervision of a responsible adult for fraining, educafion, reseazch, or enforcement purposes.
Subd. 6. Seizure of false idenfifica&on. A retailer may seize a form of identification listed
3n section 340A.503. subdivision 6, ifthe retailer has reasonable grounds to believe that the
http:1(ros.leg.ssmlbinlgetpub.php?pubtype=STAT CHAP SEC&year=current§ion=60... 8/17/2007
STATE OF NIINNESOT�
-� ss.
COI3NTY OF RAMSEY )
D�-9/3
Julie Kraus, being first duly sworn, deposes and says that on the 22° day of August, she
served the attached NOTICE OF VIOLATION by placing a hue and conect copy thereof in an
envelope addressed as follows:
OwnerJManager
Dollaz, Tnc.
560 University Avenue West
St. Paul, MN 55103
Hussein Nasir
195 Edmund Avenue #245
St. Paul, MN 55103
Vanessa Levingston, Community Organizer
Suinmit-University Planning Council
627 Selby Avenue
5t. Paul, MN 55104-6615
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
U���
Ju1ie Kraus
Subscribed and sworn to before me
this 22" day of August, 2007
/�'"( - f` GIeL�
No Public �
AFFIDAVIT Ok' SE�. JICE BY U.S. MAIL
RITA M. BOSSARD
NOTARY PUBLIC - MINNESOTA
MY COMMISSION
EXPIRES JAN. 3'i , 2 0 1 0
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