08-197Council File # � � ��( �
GreenSheet# ,j(�s"bl'7�}
SAI�IT PAUL, MINNESOTA
Presented by
�1
1 WHEREAS, a e ac ' as taken against the Cigazette/Tobacco license held by West Side
2 Grocery, LLC, d/b/a West Side Grocery, LLC (License ID#20060002630) for the premises located at 466
3 Robert Street South in Saint Paul by Notice of Violation dated Febniary 1, 2008, alleging licensee sold
4 tobacco products to a minor on December 31, 2007 in violation of Minn. Stat. §609.685 and Saint Paul
5 Legislative Code §324.07; and
6
7 WHEREAS, licensee did not respond to the Notice of Violation to contest the allegafion or submit
8 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 allegation or
submit the $200.00 matrix penalty by February 11, 2008, that the matter would be placed on the consent
agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that West Side Grocery, LLC, d/b/a West Side Grocery, LLC is hereby order to pay a
matrix penalty of $200.00 for the sale of tobacco products to a minor on December 31, 2007. Payment of
such penalty shall be made within thirty days of the date of the adopfion of this resolution.
Boshom
Carter
Hazris
Helgen
Staxk
✓
✓
Adopted by Council: Date 3
Adoption Certified by Co cil Secretary
BY� _ h
Approve y Ma Date `� !1 �
By:
Requested by Depamnent of:
By: v �,�� 1`7 _��_
Form A ved by CiTy Attorney
BY� ��SS�;.Q �loA1n�
Form ove y or for ib iss�ncil
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
��-1 R�
$� —Dept of Safety & Inspecrioas � 20.FE6-08
ConWCt Person & Phone:
Rachel Tiemey
266-8750
musi ese on councn qqenaa ny �oat
os-ona,R-oa (('AYIS�IUI�' �C3M
Doc. Type: RESOLUTION
EAocument Required: Y
DocumentCOntact: JulieKraus
ContactPhone: 266-8776
�►
Assign
Number
For
Routing
Order
Total N of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3050174
0 e t of Safe & Ins ections
1 e t of Safe & "ons arlment Dirtttor
2 ptvAttomey I
3 44favor's O&ce Mayor/Assisfant
4 �Council
5 " Clerk Q' Cluk
Approval of the attached zesolu6on W take adverse action against the Cigazette/Tobacco license heid by West Side Grocery, LLC,
d7bJa West Side Gxocery, LLC (License ID#20060002630) for the premises located at 466 Robert Street South in Saint Paul.
�aauons: npprove (t+) or tt
Planning Commission
CIB Committee
Civil Service Commission
7. Has this person/firm ever worked under a wntract for this department9
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, Wheq Where, Why):
On December 31, 2007, licensee sold tobacco products to a minor in violarion of Minn. Stat. Section 609.685 and St. Paul Legislative
Code Section 324.07. After notificarion, licensee failed to respond to the Notice of Violarion.
AdvanWges IfApproved:
$200.00 mah penalty.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial irrformation:
(F�cplain)
Activity Number.
CosflRevenue Budgeted:
February 20, 2008 10.21 AM Page 1
i
�
�...
d$�fR7
OFFICE OF TF� CITY ATTORNEY
John Z Choi, CityAttomey
SAINT
PAUL
�
AAAA
CITY OF SAINT PAUL
CFffGstopher B. Colemmr, Mayor
February 1, 2008
CiviZDivisior.
C00 Ciry Hait
IS Y➢estKeZZoggBFid
Sain1 Pau� M"v�nesoia 55702
NOTICE OF VIOLATION
Owner/Mauager
West Side Crrocery, LLC
466 Robert Street South
St. Paul, MN 55107
Tetephone: 6il 266-871 D
Facsimi7e: 657 298-5679
RE: Cigarette/Tobacco licexvse held by West Side Crrocery, LLC, d/b/a West Side Grocery, LLC
for the premises located at 466 Robert Street South in Saint Paul
License ID #20060002630
Dear Six/Madam:
The Deparknent of Safety and Inspections (DSI) has recommended adverse action against the
Cigarette/Tobacco license held by West Side Cnocery, LLC, d/b/a West Side Crtocery, LLC
for the premises located at 466 Robert Street South in Saint Paul. The basis far the recommendafion
is as follows:
On December 31, 2007, a tobacco compliance check was conducted at the West
Side Grocery, LLC, for the premises located at 466 Robert Street South in Saiut
Paul. A seventeen year old male entered the store and asked to buy cigarettes. He
was asked to show his identif'ication, and did so. It correctly stated his date of
birth, which indicated he was underage. Nevertheless, the clerk soid 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 for the sale of cigarettes to an underage person, so the licensing
office wiil recommend a$200 matriY penalty.
At this fime you have three options on how to proceed:
You can pay the recommended $200 matrix penalty. If this is your choice, you shoutd
make payment clirectly to the Deparknent of Safety and Inspections, at 8 Fourth Street
East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, �`ebruary 11,
2008. Information should be directed to the attenrion of Christine Rozek. A self-
addressed envelope is enclosed for your convenience. Payment of the �ine will be
considered to be a waiver of the hearing to which yon are enfitled.
AA-AAA-EEO Emgioyei
�
West Side Csrocery, LLC
Febmary 1, 2008
Page 2
�
b$ -(�7
2• If you wish admif fhe facts but contest the penalty, you may have a public hearing before
the Saint Paul City Council, you will need to send me a letter with a statement admitting
the £aets and requesting a public hearing. We will need to receive your letter by Monday,
February 11, 2008. The matter will then be scheduled befare the City Council for a
public hearing to detennine whether to impose the penalty. You will have an opporhuiity
to appear before the Council and make a statement on your own behalf.
If you dispute the above facts, you can request a hearing before an Administrafive Law
Judge. At that hearing both you and the City will be able to appear and present
witnesses, evidence and cross-examine 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 will take the necessary steps to schedule the administrative
hearing.
If I ha�e not heard from you by that date, I will assume that you do not contest the
imposition of the $200 matria penalty. In that case, the matter will be placed on the
Council's Consent Agenda for approval of the recommended penalty.
Please be advised that the clerk who was identified as ha�ing made the sale on this date is
also being charged an administrative penalty pursuant to Minu. 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,
2U- '�, � U ,� ;- , a n
.. ",.�,� i
Rachel Tierney � J
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Rauiadan Adem, 30 Wood Street, Apt. D, St. Paul, MN 55107
Samuel Amadeo Buffington, Community Organizer, West Side Citizens Organization
127 Winifred Street, St. Paul, MN 55107-2128
AA-ADA-EEO Employer
STATE OF MINNESOT��
) ss.
COUNTY OF RAMSEY )
6S-(9 �
Julie Kraus, being first duly sworn, deposes and says that on the 1 St day of February, she
served the aitached NOTICE OF VIOLATION by placing a true and conect copy thereof in an
envelope addressed as follows:
Ownez/Manager
West Side Grocery, LLC
466 Robert Street South
St. Paul, MN 55107
Ramadan Adem
30 Wood Street, Apt. D
St. Paul, MN 55107
Samuel Amadeo Buffington, Community Organizer
West Side Citizens Organizataon
127 Winifred Street
St. Paul, MN 5 5 1 07-21 28
(which is the last l�own address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�,
Julie Kraus
Subscribed and swom to before me
this l day February, 2008
f ,9� /�-� ,� - r�e� �
` N tary Public
�
AFFIDAVIT OF SEi. dICE BY U.S. MAIL
RtTq M. 80SSP,RD
NOT0.RY PUBUC- MINNESOTA
MY CONMISSiON
EXPIRES JAN.31, 201 a
609.685, IVIinuesota Sfatutes �n06 Page 1 of 2
�..
�
b� -(9�
- _ - Ls3isfafure FSome { Links to the Wor43 } Hetg � A<
"' - _ _ ���j'����
House j y2nats � doini IleparEments and Commissions ( Bii3 Search and Sfatvs � S�tutas, Laws, and Ru[2s
Minnesota Sfafutes Table of Cha ters Chapter 609 Ta6fe of Confenfs
609.685, Minnesata Statutes 2006
Copyright O 2006 by fhe Office of Revisor of Stafutes, Sfate of Minnesota.
609.685 SAI�E OF TOBACCO TO CHII.DREN.
Subdivision 1. Definitions. For the purposes of this section, the following terms shall have
the meaniugs respectively ascribed to them m this section.
(a) "Tobacco" means cigarettes; cigats; cheroots; stogies; perique; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cut and othez chewing tobaccos; shorts; refuse scraps, clippings, cuttings and
sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
suifable 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 to sell. (a) Whoever sells tobacco to a person under the age of 18 years is
guilty of a misdemeanor for the first violaflon. Whoever violates this subdivision a subsequent time
within five years of a previous conviction under ttris subdivision is guilty of a gross misdemeanor.
(b) It is an a£fitviafive defense to a charge under this subdivision if the defendant proves by a
preponderauce of the evidence that the defendant reasonably and in good faith relied on proof o£
age as described in section 340A.503. subdivision 6.
Subd. 2. Other offenses. (a) Whoever fiunishes tobacco or tobacco-related devices to a
person under the age of 18 years is guiky of a misdemeanor for the i"irst violation. Whoever
violates this pazagraph a subsequent time is guilty of a gross misdemeanor.
(b) A person under the age of 18 yeazs who purchases or attempts to pu�hase fobacco or
tobacco-related devices and who uses a driver's license, permit, Miunesota identification card, or
any type of false identi€carion to misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3. Pefty misdemeanor. Except as ofherwise proVided in subdivision 2, whoever
possesses, smokes, chews, or otherwise ingests, purchases, or attetnpts to purchase tobacco or
tobacco related devices aud 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 shall supersede or
preclude the continuafion or adoption of any local ordinance which provides for more sfsingent
regulation ofthe subject matter in subdivisions 1 to 3.
Su6d. 5. ExcepBons. {a} Notwithstanding subdivision 2, an Indian may fiunish tobacco to an
Indian under the age of 18 years if the tobacco is fixrnished as part of a traditional Indian spiritual
or cultural ceremony. For putposes of this paragraph, an Indian is a person who is a member of
an Indian tribe as defined in secfion 260.755, subdivision 12.
(b) The penalties in this section do not apply to a person under the age of 18 �eazs who
purcbases or attempts to purchase tobacco ar tobacco-related devices wJule under the direct
supervision of a responsible adult for iraining, educafion, research, or enforcement purposes.
Subd. 6. 5eizure of faIse zdenfifzcation. A retailer may seize a form of idettiification fisted
in section 340A.503. subdivision 6 if the retailer has reasonable grounds to believe that the
http:l CHAP SEC&year—cu�ent§ion=60... 3/17l2007
Chapter 324. Tobacco (
Sec. 324,07. Sa[es prohibited.
( -.
Page 1 of 1
bg�(q'7
(a) No person shall sell a cigarette outside its original packaging containing healtfi wamings satisfyi�g the
requirements of federal law. No cigarettes shatl be sold in packages of fewer than twenty (20) cigarettes.
(b) No person shall sell or dispense cigarette paper or cigaretEe wrappers from a vending machine os a motor
vehicle. No person sfiall sell or dispense Eobacco from a motor vehicle.
(c) [VO person sfiall activate the remote control or provide tokens for a tobacco vending machine or sell
tobacco to anyone undertfie age of eighteen (18).
(d) qny viofaFion of Ehis chapter shalt subjecE tfie licensee to provisions of section 310 and section 324.10 of
the Saint Paul Legislative Code.
(Code 1956, g 336,07; Ord, No, 17714, § 1, Z-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, IO-11-06)
hitp://www.ci.stpaul.mn.us/code/Ic324.htm1
8/17/2Q07
Chapter 324. Tobacco (_ Page I of 1
�
Sec. 324.11. Presumptive penalties. �" �'_/ �
(a) Purpose. The purpose of this secEion is to esEablish a standard by which the city counci! determines the
amount of fines, lengtfi of license suspensions and tfie propriety of revocations. 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 Ehat Ehere exisE substantial and compelling reasons whicfi make it
appropriate Eo do so. When deviating from these standards, the council sfia{{ provide written reasons that
specify why the penalty selected was more appropriate.
(b) Presumptive penalties for violaUons. Adverse penalties for violations or convictions shall be presumed as
follows:
Type of
Violation
Appearance
ist 2nd 3rd
4th
(1) Sale of Eobacco to a minor $200.00 fine $400.00 fine 30-day suspension Revocation
(c) Fines payable without hea�inq. Notwithstanding the provisions of section 310.05(1), 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 wfiich may warranC deviation from the presumptive fine amount. Payment of the
recommended fine wili be considered to be a waiver of the hearing to which the licensee is erttitled, and will
be considered an "appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(d) CompuEation 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 shail be
Ereated as a second appearance for the purpose of determining the presumptive penalty.
(2) If a licensee has appeared before the council on hvo (2) previous occasions for violations of this chapter,
and if said licensee again appears before the council for a vioiation of this chapter, and if the current violation
occurs within eighteen (18) calendar months of the vioiation that gave rise to the first appearance before the
council, then the current aopearance shall be treated as a third appearance for the purpose of determining
presumptive penalty.
(3) If a licensee has appeared before the council on three (3) previous occasions, each for violations of this
chapter, and if said licensee again appears before the councii for a violation of this chapter, and if the current
viofation 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) My aQpearance 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 twelve (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, § il, 4-13-94; C.F. No, 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02)
http:/lwww.ci.stpaul.mn.us/codellc324.html 8/17/2007