08-196WITHDRAWN 3/OS/08 Council File # Q.
Green Sheet # ,� OSd � 73
ON
, MINNESOTA
by
2 Touhami, dJb/a�al
3 Wabasha Street 1V�oa
4 tobacco products to
5 Legislative Code §?
6
7 WIIEREAS, licens ' did not respond to the Notice of Violation to contest the allegation or submit
8 the $200.00 matrix penalty; d
9
10 WHEREAS, the Notice
11 submit the $200.00 matrix penalty b
12 agenda to impose the recommended
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17
18
19
20
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stated that if the licensee failed to contest the allegation or
azy 11, 2008, that the matter would be placed on the consent
; now, therefore, be it
RESOLVED, that Ilyasse Touhami; /a Wabasha Seventh Snack Store is hereby order to pay a
matrix penalty of $200.00 for the sale of toba o products to a minor on December 31, 2007. Payment of
such penalty shall be made within thiriy days o he date of the adoption of this resolution.
Requested by
�
City Attorney
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
rse ac ' was taken against the Cigazette/Tobacco license held by Ilyasse
ha Seventh Snack Store (License ID #20070002511) for the pzemises located at 469
in Saint Paul by Notice of Violation dated Febniaiy 1, 2008, alleging licensee sold
nin on December 31, 2007 in violation of Minn. Stat. §609.685 and Saint Paul
`�7; and
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By: �. I �. \
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Form Approv �or, S s�unc.�l
By� (�� V�'� .,
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Adopted by Council: Date
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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—Depz of Safety & Inspections
& Phone:
must Be on CounBi Agenda by (Date):
OSMAR-08 �
Doc. Type: RESOIUTI
E-DOCUment Required: Y
Document Contact: Julie Kra
ContactPhone: 266-8776 �
Total # of Signature Pages _(Clip A�
Adion Requested:
Approval of the attached resolution to
Wabasha Seventh Street Snack Store (!
Paul.
Planoing Commission
CIB Committee
Civil Service Commission
Yes
Explain
Initiating probiem, Issues, Opportunity (Who, What, When, Where, Why):
On December 31, 2007, licensee sold tobacco products to a minor in
Code Section 324.07. After nofificarion, licensee failed to respond to
Advantages If Approved:
$200.00 matrix penalty.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
answers on separete sheet and attach to green sheet
Activity Number:
February 20, 200810:11 AM
20-FEB-08
�
Assign
Number
For
Routing
Order
Green Sheet NO: 3050173
0 e LofSafe & ectioas
1 e LofSafe & ectioos I De artmeatDireMOr
2 i Attorne I
3 a or's O�ce I Ma odAssistaut
4 omc�7 i I
5 ' Clerk Ci Cierk
Signature)
lverse action against the Cigarette/Tobacco license held by Ilyasse Touhami, d/b/a
ID#20070002511) for the premises located at 469 Wabasha Sueet North in Saint
t. Has this personlfirm ever wodced under a contract fw this department?
Yes No
2., as this person/firm ever been a city employee?
1Bs No
3. Do� this personffrm possess a skill not normalty possessed by any
currer ciry employee?
of Minn. Stat. Secrion 609.685 and St. Paul Legislarive
CosflRevenue Budgeted:
Page 1
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OFFICE OF TFIE CITY ATTORNEY
.Iohn J Chor, CiryAUOrney
SAINT
PAUL CITY OF SAINT PAUL
� Christo her B. Cole CiviT Divirion
p mar,Mayor 400CiryHall Te7ephone:657266-87Z0
I3YYestKetloggBivd FacsimiZe:65I29&56I9
e��� .Saint Pau� Mvmesota 55702
Febmary 1, 2008
NOTICE OF VIOLATION
Owner/Manager
Wabasha Seventh Snack Store
469 Wabasha Street North
St. Paul, MN 55102
RE: Cigazette/Tobacco license held by Ilyasse Touhami, d!b(a Wabasha Seventh Snack Store
far premises located at 469 Wabasha Street North in Saint Pau1
License ID #20070002511
Deaz Sir/Madazn:
The Depariment of Safety and Inspections (DSn has recommended adverse action
against the Cigarette/Tobacco license held by Ilyasse Touhauii, d/b/a Wabasha Seventh Snack
Store for premises located at 469 Wabasba Street North in Saint Pau1. The basis for the
recommendation is as follows:
On December 31, 2007, a tobacco compliance check was condncted at the
Wabasha Seventh Snack Store for the premises located at 469 Wabasha
Street North in Saint Paul. A seventeen year old male entered the store and
asked to buy cigarettes. He was not asked to show his identification, which
would have indicated he was underage. Nevertheless, the clerk sold him a
package of Camel cigarettes. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07.
This is the first violation far the sale of cigarettes to an underage person, so the licensing
office will recommend a$200.00 matrix penalty.
At this time you ha�e three options on how to proceed:
l. You can pay the recommended $Z00 matr� penalty. If t}us is your choice, you should
make payment directly to the Depariment of Safety and Inspections, at 8 Fourth Street
East, Suite 200, St. Paul, Mimiesota 55101-1002 no later than Monday, February 11,
2008. Information should be directed to the attention of Christine Rozek. A self-
addressed envelope is enclosed far your convenience. Payment of the penalty will be
considered to be a waiver of the hearing to which you are entitled.
AA-ADA-EEO Employer
�
Wabasha Seventh Snack Store
February 1, 2008
Page 2
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OS�Iy(n
2. If you wish to admit the facts but contest the penalty, you may have a public hearing
befare the Saint Paul City Council, you will need to send me a letter with a statement
admitiang the facts and requesting a public hearing. We will need to receive your letter by
Monday, February 11, 2008. The matter will then be scheduled before the City Council
for a public hearing to determine whether to impose the penalty. You will have 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 Aduiinistrative Law
Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence and cross-exanuue the other's witnesses. The St. Paul City Council
� will ultimately decide the case. If this is your choice, please advise me by Monday,
February 11, 2008, and I wili take the necessary steps to schedule the aduiiuistrative
hearing.
If I have not heard from you by that date, I will assume that you do not contest the
imposifion of the $200 matrix penalty. In that case, the matter will be placed on the
Council's Consent Agenda for approval of the recommended penalfy.
Please be advised that the clerk who was identified as ha�ing made the sale on this date is
also being charged an admiuistrative penalty pursuant to Minn. 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,
2w� � �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Directar of DSI
Ilyasse Touhanu, 26-10�` Street West, Apt. 2005, St. Paul, N1N 55102
Jill Hirons Maraist, Directar, CaptiaiRiver CounciUDist. #17, 332 Mimiesota Street,
Suite W122, St. Paul, MN 55101-1314
AA-ADA-EEO Employer
STATE OF �NESOT�i
� ss.
COUNTY OF RAMSEY )
D��(�1(�
Julie Kraus, being first duly sworn, deposes and says that on the 1�` day of February, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Owner/Nlanager
Wabasha Seventh Snack Store
469 Wabasha Street North
St. Paul, MN 55102
Ilyasse Touhami
26-10�' Street West, Apt. 2005
St. Paul, MN 55102
Jill Hirons Maraist, Director
CaptialRiver CounciUDist. #17
332 Minnesota Street, Suite W122
St. Paul, MN 55101-1314
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United Staxes maii at St. Paul, Minnesota.
Julie Kraus
Subscribed and sworn to befare me
this l day February, 2008
! /i�5��iv /�"( • �����-3�
No •y Public
AFFIDAVIT OF SE VICE BY U.S. MAII.
RITA M. BOSSARD
NOTARY PUBLIC • MINPIESOTA
MY COMMISSION
IXPIRES JAN. 31. 2 0 1 0
609.685, Miuuesota Statutes 2006 Page 1 of 2
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Hause f Ssnafs [,toin� De}r:im2nf.s and Cammissior�s � Bitf Search and Sfatus ( Statutes, La�rs, and Rui�s
Minnesota Statutes Tabie of Cha tp ers Chaptar 609 Table of Contenfs
609.685, Minnesota Statutes 2006
Copyright OO 2006 by the Office of Revisor of Stafufes, SNafe of Minnesota.
609.685 SALE OF TOBACCO TO CHII,DREN.
Subdivision 1. Definifions. For the purposes of this secfion, the following terms shall have
the meanings respectively ascribed to them m this secrion.
(a) "Tobacco" means cigarettes; cigais; cheroots; stogies; perique; granulated, plug cut,
crimp ctrt, ready rubbed, and other smoking tobacco; snuff; snuff flout; cavendish; plug and
tcvist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttiugs 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 cigazette papers or pipes for smoking.
Subd. la. Penalty fo sell. (a) Whoever sells tobacco to a person under the age of 18 years is
guilty of a misdemeanor for the first violarion. 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 affitmative defense to a charge under this subdivision if tha defendant proves by a
preponderance of the evidence that the defendaut reasonably and in good faith relied on proof of
age as described in section 340A.503, subdivision 6.
Subd. 2. Other offenses. (a) Whoever fiuvishes tobacco or tobacco-related devices to a
person under tbe age of 18 years is guilty of a misdemeanor for the first violafion. Whoever
violates tlus 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, petmit, Mimiesota identification cazd, or
any type of false identification to misrepresent the person's age, is guiliy of a misdemeanor.
Subd. 3. Petty misc�emeanor. Except as otherwise provided in subdivision 2, whoever
possesses, smokes, chews, or otherwise ingesfs, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 years is guilty of a petty misdemeanor.
Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede or
preclude the continuation ar adoption of any local ordinance which provides for more stringent
regulation of the subject maiter in subdivisions 1 to 3.
Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may fiunish tobacco to an
Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritua2
or culivral ceremony. For putposes of this pazagraph, 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 yeazs who
purchases or affempts to purchase tobacco or tobacco-related devices while under the direct
supervision of a responsible aduIt for traiaing, education, research, or enforcement purposes.
Subd. 6. Seizure of false iden5fication. A retailer may seize a form of identification listed
in section 340A.503, subdivision 6 if the retailer has reasonable grounds to believe that the
htt p :// ros.leg.mn/bin/geipub.php?pubtype=STAT_CHAP_SEC&pear—current§ion=60... 8/17/2007
Chapter 324. Tobacco Page 1 of 1
(� (-
Sec. 324.11. Presumptive penalties. �U ����
(a) Purpose. The purpose of this section is to establish a standard by which the city council determines the
amount of fines, leng{h of Iicense suspensions and the propriety of revocations. These penalties are
presusned to be appropriate for every case; however, the council may deviate therefrom in an individual case
where the councii finds and determines that there exist substantial and compelling reasons which make it
appropriate to do so. Wfien deviating from these standards, the council shall provide written reasons that
specify why the penafiy selected was more appropriate.
(b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as
foliows:
Type of Appearance
Violation
Sst 2nd 3rd 4th
(1) Sale of tobacco to a minor $200.00 fine $400.00 fine 3D-day suspension Revocation
(c) Fines payable without hearing. Notwithstanding the provisions of section 310.05(I), 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 licensee is entitled, and will
be considered an "appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(d) Computation oftime.
(1) If a licensee violates this chapter and the violation occurs within twelve (12) 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 for the purpose of determining the presumptive penalty.
(2) If a licensee has appeared before the councii 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
councif, then the current appearance shali be treated as a third appearance for the purr�ose ef �±etermining
presumptive penalty.
(3) If a licensee has appeared before the councii on three (3) previous occasions, each for vioiations of this
chapter, and if said Iicensee again appears before 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 appearence 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 twe4ve (12),
eighteen (18), or twenty-four (24) months have elapsed shall 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, § 11, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02)
http://www.ci.stpaul.mn.us/code/1c324.htm1 8/17/2007
Chapter 324. Tobacco
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Sec. 324.07. Sates prohibiEed.
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Page 1 of 1
D$ -1 ylv
(a) No person sfiall sefl a cigarette outside its original packaging containing healtfi warnings satisfying the
requirements of federal law. No cigarettes shall be sotd in packages of fewer Ehan twenty (20) cigarettes.
(b) No person shall sell or dispense cigaretEe paper or cigarette wreppers from a vending machine or a motor
vehicle. No person sha11 sel{ or dispense tobacco from a motor vehide.
(c) No person shall activate the remote control or provide tokens for a tobacca vending macfiine or sefl
Eobacco to anyone under the age of eighteen (18). ,
(dj Any violation of this chapter shall subject the Iicensee to provisions of section 310 and secEion 324.10 of
tfie Saint Paul Legislative Code.
(Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; GF. 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)
hitp://wvaw. ci.stpaul.mn.us/code/ic324.html
8117J2007
(2/29%2008j Mary Erickson - GS3050173 - Wabasha Seventh Street Snack Store on 3%5%08 Consent Agenda "' �Page 1
I�
From: Julie Kraus �'� �
To: CCAgendaGroup
Date: 2/22/2008 1:57 PM
Subject: GS3050173 - Wabasha Seventh Street Snack Store on 3/5/08 Consent Agenda
Mary/Raquel/Joan:
Please remove G53050173 (Ilyasse Touhami d/b/a Wabasha Seventh Street Snack Store) from cc-agenda for the 3/5/08 Consent
Agenda. The packet is currently being "HELD at MO".
I just received an email this moming stating that he has now paid the $200 penalty. DSI will no longer be pursuing adverse action.
I will terminate the greensheet from the tracker.
Thanks
]ulie Kraus
City of Saint Paul
City Attomeys Offce
(651) 266-8776