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08-276Council File # � �e�'7 fp Green Sheet #i��}� Ip� Presented by RESOLUTION OF,,SAINT PAUL, MINNESOTA a' 1 WHEREAS, adverse action was taken against all licenses held by Anwar Am Sarama, d/b/a Twins 2 Mazket (License ID #20060002546) for the premises located at 1055 - 4�' Street East in Saint Paul, by 3 Notice of Intent to Revoke Licenses dated February 14, 2008, alleging licensee was convicted of a felony 4 on January 31, 2008, for fraudulently trading food stamps for cash and subsequentiy sentenced to two 5 yeazs in prison, in violation of Saint Paul Legislative Code §310.06 (b)(6)(b) and Saint Paul Legislative 6 coae §3io.os �m��s�; �a WHEREAS, the licensee did not respond to the Notice of Intent to Revoke Licenses to contest the allegation; and 10 11 WHEREAS, the Notice of Intent to Revoke Licenses stated that if the licensee failed to contest the 12 allegation by February 25, 2008, that the matter would be placed on the consent agenda to impose the 13 recommended penalty; now, therefore, be it 14 15 RESOLVED, that all licenses heid by Anwar Am Sarama, d/b/a Twins Market are hereby revoked. Requested by Department of: BY� T'/ �-°-1.c.6—� Form �pgx ved by City Attomey By: �,e��1�Re�r,�.q_ J Adopfion Certified by Council Secretary Form Appr b ayor fo • ubmiss'on to Council By: � $ ( � � � t Approve b� � r: Date 3 LJ 0 By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet bd - a-� �v DepartmenUOffice/council: Date Initiated: s, -��ofs��o� ; o��a� Green Sheet NO: 3050765 Contact Person 8 Phone: Rachel Tiemey 266-87'10 must ee on 1&MAR-08 Doc. Type: RESOLUTION E•Document Required: Y Document Contact: Julie Kraus Contact Phone: 266-8776 � VED2Rtt1Eni SEfItTOYEi50{1 0 ept of Safetv & Inspecdons I i Assign 1 LofSafe & tt4ons De ar�entDirector Number Z . Attom For Routing 3 or's O�ce Ms or/Assistaut Order 4 �onnc� I 5 ' Clerk Ci Clerk ToWI �t of Signature P�qes _(Clip All Locations for SignaW re) � Approval of the attached resolution to take adverse acfion against all licenses held by Anwar Am Sarama, d/b/a Twins Mazket (License ID#KL0060002546) for the premises located at 1055�1th Street East in Saint Paul. Planning Commission CIB Committee Givil Service Commission 1. Has this personffirm ever worked under a contract 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 all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was convicted of a felony on January 31, 2008, for fraudently hading food stamps for cash and subsequently sentenced to two yeazs in prison in violarion of St. Paul Legislative Code Secfion 310.06(b)(6)(b) and St. Paul Legislarive Code Secfion 310.05 (m) (5). Afrer no6fication, licensee failed to respond to Norice of Intent to Revoke Licenses. AdvantageslfApproved: Revocation of all licenses. Disadvanpges lf Approved: None. DisadvanWges If NotApproved: TransaMion: Funding Source: Financiallnformation: (Explain) CoSURev¢nue Budgeted: Activity Number. March 5, 2008 11:59 AM Page 1 �� ag-��lv swixr PAUL � �A*� C1TY OF SAINT PAUL Cio�istopherB. Go7emmr, Mayor Febmary 14, 2008 OFFICE OF THE CITY ATTORNEY Tohn J. choi, ciryAnorney Civil Division 400CiryFIadZ ISWestKeZZoggBHd Saint Paut, lvlirvresota 55IO2 TeZephone: 651266-8710 Facsimile: 6A 298-56I9 NOTICE OF INTENT TO REVOKE LICENSES Owner/Manager Twins Market 1055- 4�` Street East St. Paul, MN 55106 RE: All licenses held by Anwaz Am Sazama, d/6/a Twins Market for the premises located at 1055-4�' Street East in Saint Paul License ID #: 20060002546 Dear Sir/Madam: The Department of Safety and Inspections (DSI) has recommended revocation of all licenses held by Anwar Am Sazama, d/b/a Twins Market for the premises located at 1055-4� Sh East in Saint Paul. The basis for the recommendation is as follows: On January 31, 2008, you were convicted of a felony in Federal Court of fi trading food stamps for cash within your store and sentenced to two years in prison. This is a violation of St. Paul Legislative Code §310.06(b)(�(a) which states: `°The licensee or applicaxt (or any person whose conduct may by Zaw be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statufe, ordinance or regulation reasonably related to the licensed activity, regardless af whether criminal charges have or have not been brought in connection therewith... " Also, St. Paul Legislative Code §310.06(b)(�(t�} which states: "The &censee or ap�licant has been convicted of a crime that may disr�uaZ� said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 3h4" and St. Panl Legislafive Code §310.06(b)(�(c) which states: "The licensee or applicant (or any person whose conduct may by law be imputed to the Zicensee or applicant) has engaged in or per»zitted a pattern or practice of conduct of failure to comply with taws reasonably related to the Zicensed activify or from which an inference of Iack offitness or good character may be drawn." Finally, a violation of St. Paul Legislafive Code 310.05 (m) (� — Commission of a felony on the premises by a licensee or employee. According to Saint Paul Legislafive Code §310.05 (m) (5� revocation of licenses is recommended after two (2) appearances before City Council. You have already met the two (2) appearance requirement: AA-ADA-EEO Employer �_. ' Twins Market February 14, 2008 Page 2 `. b$ -�-� c� 1. On June 27, 2007, you paid a$200.00 penalty for the sale of cigaretfes to a minor on May 24, 2007 in violafion of Saint Paul Legisla&ve Code §324.07. Saint Paul Lea slative Code �3I0.05 (m)(i) states: "Payment of the recommended fzne wiZ1 be considered to be a waiver of the hearing to which the licensee is enfitted and will be considered an "tmpearance' for the purposes of determining presumptive pexalties for subsequent violations." 2. On September 10, 2007, yon paid a$1,000.00 penalty for selling individual cigarettes ("loosies") in violation of Saint Paul Legislative Code §324.07(a). SaintPaul Legislative Code 3IQ05 (m)(v)(I) sfaZes: "If a Izeensee appears before Counczl for aszy violalion in paragraph (m) where that violafion has occurred wifhin trvelve (I2) calendar months after the first appem�ance of the same Zicensee for a vialation listed in paragraph (m) above, the current annear¢nce shall be treated as a second a�pearance for- fhe purpose of determinin¢ fhe presumntive nenalfv." The violation outlined in this current adverse action constitutes a third (3` violation. Therefore, according to St Paul I,egislarive Code §310.05 (m) (S) the licensing office will recommend revocafion of all your licenses. At this time you have two options on how to proceed: If you wish to admit the 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 facts and requesting a public heazang. We will need to receive your letter by Monday, February 25, 2008. The matter will then be scheduled before the City Council for a public heazing to determine whether to revoke your licenses. You will haue an opporiunity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that heazing both you and the City will be able to appear and present wilnesses, 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 25, 2008, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the revocation of all your licenses. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel &ee to contact me at 266-8710. Sincerely, �� ' � Rachel Tierney � Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Anwaz Sarama, 14625 Portland, Burnsville, MN 55306 Ms. Karin DuPaul, Community Organizer, Dayton's B1ufFDisirict 4 Communiry Council 798 East Seventh Street, St. Paul, MN 55106-6625 STATE OF NiINNESOT�^ � , ss. COUNTY OF RAMSEY ) ��-a�� Julie Kraus, being first duly sworn, deposes and says that on the 14�` day of Februazy, she served the attached NOTICE OF INTENT TO REVOKE LICENSES by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Twins Market 1055- 4�' Street East St. Paul, MN 55106 A.nwar Sarazna 14625 Portland Burnsville, NIlV 55306 Ms. Karin DuPaul, Comxnunity Organizer Dayton's Bluff District 4 Community Council 798 East Seventh Street St. Paul, MN 55106-6625 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 1 � Julie Kraus Subscribed and sworn to before me this 14`� day February, 2008 ��J t�!G < :r!r``£�:�cl��/�Jl No y Public � A�FIDAVIT OF S� /ICE BY Z3.S. MAIL RiTA M. 80SSARD fqTARYPUBLIC- MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2 0 1 0 Chapter 310. Uniform Lice � e Procedures `�. Page 2 of 3 ��-y�t� its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to w(thdraw or surrender said license or appiication, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse action. (i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or other disciplinary action involving a license has been schedu{ed before the council, a continuation of the hearing may be grented by the council president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. (j) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the Iicense inspector and posted by the licensee so as to be visible to the public during the effedive period of the adverse action. The Iicensee sfiall be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the ficensed premises, and faifure to take such reasonable precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or Iicense applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessaty for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any give� case +f (i} the position, claim or defense o4 the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circumstances under which the viotation occurred were aggrevated and serious; (iil) the violation created a serious danger to the public health, safety or welfare; (iv) the vioiation involved unreasonable risk of harm to vulnerable persons, or to persons tor whose safety the Iicensee or applicant is or was responsible; (v) the applicant or licensee was su�ciently in control of the situation and therefore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (I) Zmposition of fines. The council may impose a fine upon any iicensee or license appficant as an adverse license action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code provides for the imposition of a fine, both provisions shall be read together to the eMent possible; provided, however, that in the case of any conflict or inconsistency, the other provision shall be contro�ling. (m) Presumptive penalties for certain viofations. 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 shali apply to alI license types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violatio� is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom irt 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 Appearance Sst 2nd �i,000.00 fine $1,000.00 fine 10-day suspension $1,500.00 Revocation 60-day suspension 3rd 4th (1) Violations oF conditions placed on the license $500,00 Fne (2) Vioiation 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 tfian a felony on $700.00 the premises by a Iicensee 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 establishment 30-day related to violation of law or license conditions suspension (7) Faiture to pay license fees Revocation http://www. ci. stpaul.mn.us/code/lc 31 O.html $2,000.00 fine and 10- Revocati day suspension $2,000.00 fine and 10- Revocati day suspension 15-day suspension 5-day suspension n/a Revocation Revocati Revocati n/a n/a 2/13/2008 � Chapter 310. Uniform License Procedures � Page 1 of 3 b$ -7-�1a Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions. (a) Council may take adverse action. The council is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, Iicensee or applicant for a Iicense, as provided in and by these chapters. Adverse actions against entertainment Iicenses issued under chapter 411 of the Legislative Code may be initiated for the reasons set forCh in subsection (b) below, or upon any lawful grounds which are communicated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outlined in section 310.05; provided, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural s[eps. - (b) Basis for action. Such adverse action may be based on one (1) or more of the following reasons, which are in addition to any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by misrepresentation of materiai facts, fraud, deceit or bad faith. (2) The applicant or one acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The license was issued in violation of any of the provisions of the zoning code, or the premises which are licensed or which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in violation of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution graaCing or rertewing the license. `(6) a. The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonabiy related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith; . b. The licensee or applicant has been convicted of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes chapter 364; or . c. The licensee or applicant (or any person whose conduct may by Iaw be imputed to the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reasonably related to the licensed activity or from which an inference of lack of fiCness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or welfare, or the licensee performs or has performed his or her work or activity in an unsafe ma�ner. (8) The licensed business, or the way in which such business is operated, maintains or permits conditions that unreasonably annoy, injure or endanger the safety, health, morals, comfort or repose of any considerable number of inembers of the public. (9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as required under chapter 114 of the Saint Paul Legislative Code. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: physical abuse, assaults or violent actions done to others, including, but not limited to, actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes sections 609342 through 609.3451; sexual abuse, physical abuse or maltreatment of a child as defined in MinnesoYa Statutes section 626.556, subdivisions 2 and SOe, induding, but not limited to, acts which constitute a violation of Minnesota Statutes sections 609.02, subdivision 10; 609.321 through 609.3451; or 617.246; neglect or endangerment of a child as defined in Minnesota Statutes section 626.557, subdivision 2; the manufacture, distribution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as defined in Minnesota Statutes chapter 152; the possession of a controlled substance as defined in Minnesota Statutes chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the possession was for the purpose of sale or distribution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant is not a person of the good moral character or fitness required Yo engage in a ticensed activity, business or profession. (li) The licensee or applicant has materially changed or permitted a material change in the design, construction or configuration of the licensed premises without the prior approva! of the city council in the case of Class N licenses, Che director in the case of Class T licenses, and the inspedor in the case of Class R licenses, or without first having obtained the proper building permits from the city. (12) The licensee or applicant has violated section 294.01 of the Legislative Code, or has made or attempted to make a prohibited ex parte contact with a council member as provided in section 310.05(c-2J of the Legislative Code. http://www.ci.stpaul.mn.us/code/1c310.htrnl 2/&(2008 'TwinCities.com - Twin Citie� ��our sentenced in food-stamp fraud ( Page 1 of 1 b$-�7 /-� TW�r��s c��1 TV1tIC1 �;I�t£S � F�U�' sentenced �n €ood-stamp �t`�UE� Pianeer Press ;.rtfcie tast tTpdated� C7 3�12005 71'3: �2 P8.4 CS7 The owner, manager and workers of a tiny St. Paul convenience store have been sentenced to several years in prison for fraudulently trading food stamps for cash - to the tune of nearly $1 million a year. On Thursday in federal court in Minneapolis, Anwar Sarama, 32, of Bloomington, who owns Twins Market and Meats in St. Paul's Dayton's Bluff neighborhood, was sentenced Thursday to two years in prison. Manager Soud Salem, 46, of Farmington, previously was sentenced to three years in prison; employee Amjud Musleh, 28, of Bloomington, was sentenced to a year and a half in prison; and employee Amjud Sarama, 37, of Bloomington, was sentenced to a year of probation. According to the U.S. attorney's office, between September 2006 and .lune 2007, the roughly 1,000-square-foot business redeemed $840,371 in food stamps. After that, the amount increased to about $'100,000 a month. Authorities said the group allowed patrons to trade food stamps for cash at 50 cents on the dollar. Before Anwar Sarama bought the store, the location redeemed food stamps at a rate of about $9,100 a month. Salem s brother was convicted in Ohio of a similar crime, authorities said. Anwar Sarama, Salem and Musleh were each convicted of conspiracy to commit food stamp fraud, while Amjud Sarama was convicted of felony food- stamp trafficking for two transactions. The owner and manager were ordered to pay $757,320 in restitution, while employee Musleh was ordered to pay $402,302 in restitution. - Staff report Advertisement _"__"'__"_'_"_'_"'_'__""'_""__'___"__""""_"_'_"'__'_'_""_'* � � + PFa3i�S3161� � � � � FREE Twenty 4xb" basic prints ; , , �� Il � , � � l°3 . • s ' � ; � � .qa�Zkl$�Cal:O'ue.^rC:+IXSG:.C•G:CR!�'A:4l6fN�`[��@'ab.MmMCa'CGCS'^.a.il�M1GFKMLOL'R�SNiOniCl:i�. � , C O:qC�ly.l`miv'eiE�.T w �:6Pf✓q`.4'J.G�..'��tC.9MSEhXG'lY ^ ..-GC4�Erq.X�G . �'t'�YV ° rtttlC�GSM. }^ VX'CTd':. 1 ute:na...ecx.:.:�rarert_»wr.rsr�..s�e.x:oxra.n�,tc�.;o� ssm�;vca-srxt� �. 58�601Y3-26475&19�0.476-580� � "'_""""_"""""_"""_"__""""'_'_"_"'____'_'__'_"___'____"1 jL�S� � y`�'�^ Print Pawered By �'� �-=c�-�r�t�`.�l',�nasric� `'_ __. n___' oi�n�on O/�/7/1F1Q