08-29// / a cauo��� Fue # �� —�1
i�J`�jL�j/Uj�y/ 1/f%! �d�jL� Green Sheet # ?, Q�f 7 r J (J 11
RE LUTION
t SAiNT L, MINNESOTA J(
Presented by
1 WI�REAS, adverse acfion was taken against the Cigazette/Tobacco license held by The American
2 ream Builders, Inc., dlbJa Christine Liquors (License ID#0021293) for the premises located at 111 Cesaz
3 avez Street in Saint Paul by Notice of Violation daied December 6, 2�07, alleging licensee sold tobacco
4 praducts to a minor on October 24, 2007, in violation of St. Paul Legislative code §324.07 and Minn. Stat.
5 §60�685; and
6
7 AS, licensee did not respond to the Notice of Violation to contest the allegation or pay the
8 $200.00 matria enalty; and
9
10 WHEREAS, e Notice of Violation stated that if the licensee failed to contest the allegation or pay
ll the $200.00 matrix pen by December 17, 2007, that the matter would be placed on the consent agenda
12 to impose the recommend penalty; now, therefore, be it
13
14 RESOLVED, that The
15 pay a penalty of $200.00 for the
16 fine shall be made within thirty
17
18
19
20
21
can Dream Builders, Inc., d/b/a Christine Liquors is hereby order to
of tobacco products to a minor on October 24, 2007. Payment of such
of the date of the adoprion of this resolution.
Requested by D�ariment of:
�
� Attorney
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
�
Form Appcoved by Mayor for Su�lxiission to Council
By: ��
�
Adopted by Council: Date
�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
a8-a-9
SI - �Pt of Safery & Incpections i 20-DEC-07
Contad Person 8 Phone:
Rachel Tiemey
266-8710
Doc.Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
�
Assign
Number
For
Routing
Order
ConWct Phone: 266-8776
ToWI # of SignaW re Pages _(Clip All Locatians for SignaWre)
Green Sheet NO: 3047704
0 �ept of Safety & Insner.tions
I k ofSafe & I¢s 'ons De arhment Director
2 ' Attorne
3 or's O�ce Ma odAssismnt
4 ooncil
5 " Clerk Cti qerk
Approval of the attached resolurion to take adverse action against the Cigazette/Tobacco license held by The American Dteam
Builders, Inc, d/b/a Christine Liquors (License ID#0021293) for the premises located at 111 Cesaz Chavez Street in Saint Paul.
iaauons: npprove (.4) or H
Planning Commission
qB Committea
Civil Service Commission
1. Has this personffi�m ever worked under a contract fm this department?
Yes No
2. Has this personlfirm ever been a city empbyee?
Yes No
3. Does this persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Facplain all yes answers on separate sheet and attach to green sheet
initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee sold tobacco products to a minor on October 24, 2067 in violation of Saint Paul I.egislative Code Secrion 324.07 and Mixm.
Stat. Section 609.685. Afte: notification, licensee failed to respond to the Notice Violatlon.
AdvanWges If Approved:
$200.0� makix penalty
Disadvantages If Approved:
Disadvantages lf Not Approved:
Transaction:
Funtling Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
December 20, 2007 12:10 PM
Page 1
�_.
(_�
OFF7CE OF THE CITY ATTORNEY
rox� J cno,, c,�ntto�
D$-��t
Cll 1 OF SL11.1VT PAVL CFviZDivision
CFnistopher B. Coleman, Mayor 400 CiryHall TeTephone: 657 266-8770
ISF✓estKeZZoggBlvd Facsimile:657298-5619
Saini P¢ul, M"mnesota SSIO2
�rr
December 6, 2007
NOTICE OF VIOLATION
Owner/Manager
Christ°vie Liquors
111 Cesar Chauez Street
St. Paul, MN 55107
RE: CigarettelTobacco license held by The Axnerican Dream Builders, Inc., d1b/a Christine Liquors
£ar the premises located at 1 ll Cesaz Chavez Street in Saint Pau1
License ID #0021293
Dear Sir/Madam:
The Department of Safety and Inspections (DSn recommends adverse action against the
Cigarette/Tobacco license held by The American Dream Builders, Inc., d/b/a Cbristine Liquors for the
premises located at i l l Cesar Chavez Street in Saint Pau1. The basis for the recommendation is as follows:
On October 24, 2007, a tobacco compliance check was conducted at Christine Liquors
located at 11I Cesar Chavez Street in Saint Paul. A sigteen year old male entered the store
and asked to buy cigarettes. He was not asked to show his identi�cation, which would have
indicated he was underage. Nevertheless, the clerk sold him a package of Marlboro Box
cigarettes. Sale of tobacco to an underage person is a violation of Minn. Stat. §609.685 and
Saint Panl Legislative Code §324.07.
This is a first violation for the sale of cigarettes to an underage person, therefore, the licensang office
will recommend a$200.00 matrix penaity.
At this time you have tbree opfions on how to proceed:
You can pay the recommended $200.00 matrix penalty. 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,lVliu�esota 55101-1002 no later than Monday, December 17, 2007. Information should be
directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for 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
Christine Liquors (
December 6, 2007
Page 2
�- .
�� i
� ,
2. If you admit the facts, but contest the penalty, you may have a public heariug befare the Saint Paul City
Council, you will need to send me a letter with a statement admitting the facts and requesting a public
hearing. We will need to receive your letter no later than Monday, December 27, 2007. The matter will
then be scheduled before the City Council for a public hearing to defermiue whether to impose the
penalfy. You will haue an opportwuty 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 Adininistrafive Law Judge. At that
hearing both you and the City will be able fo appear and present witnesses, evidence and cross-examine
the other's witnesses. The St. Paul City Councii will ultimately decide the case. If this is your choice,
please advise me by 1VIonday, Aecember 17, 2007, and I will take the necessazy 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 matrig 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 having made the sale on this date is also being
charged an actminisirative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a separate"action from this
license matter.
If you have any questions, piease feel free to contact me at (651) 266-8710.
Sincerely,
�j c�.r,�Q 1 i.w �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Michael VanderHeyden, 644 Winslow Avenue, St. Paul, MN 55107
Samuel Amadeo Buffington, Community Organizer, West Side Citizens Organization
127 Winifred Street West, St. Paul, MN 55107-2128
AA-ADA-EEO Bmployer
Chapter 324. Tobacco -
(
Sec. 324.07. Sa[es prohibited.
r
�
Page 1 of i
�; . �
(a) No person shalt setl a cigareEte outside its original packaging containing health warnings satisfying Ehe
requirements of federal (aw. No cigarettes shalf be sofd in packages of fewer tha� twenty (20) cigarettes.
(bJ No person shafi sel! or dispense cigarette paper or cigarette wrappers from a vending machine or a motor
vehicte. No person shall sell or dispense tobacco from a motor veBicle.
(c) FVo person shall activate the remote control or provide tokens for a tobacco vending machine or seil
tobacco to anyone under the age of eighteen (IS).
(d) Any viofation of this chapter shall subject the licensee to provisions of section 310 and secEion 324.10 of
the SainE Paul Legisiative Code.
(Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; C.F, No. 94-341, £ 7, 4-13-94; C.F. No. 97-31?, § 1,
4-ZO-97; C.F. No. 06-872, § 1, 10-11-06)
http:llwww.ci.stpaul.mn.us/code/Ic324.hhnl
8/17/2007
Chapter 324. Tobacco �_, Page 1 of 1
� �`
Sec. 324.11. Presumptive penalties. 6 V'��
(a) Furpose. The purpose of tfiis section is to establish a standard by which [he city councit determines the
amount of fines, lengtfi of license suspensions and the propriety of revocations. These penafties are
presumed to be appropriate for every case; fiowever, the council may deviate therefrom in an individual case
where the councii finds and determines that tfiere exist subsEantial and compelling reasons whicfi make it
appropriaCe to do so. When deviating from these standards, tfie council shall provide written reasons that
specify why the penalty selected was more appropriate.
(b) P�esumptive penalties for vio/ations. Adverse pe�alties for viotations or convictions shaf! be presumed as
follows:
Type of Appearance
Vioiation
ist 2nd 3rd 4th
(i) Sale of tobacco to a minor $200.00 fine $400.00 fine 30-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 appearence 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 oP ihe hearing to which the licensee is entitled, and will
be considered an "appearance" for the purpose of determining presumptive penatties for subsequent
violations.
(d) Computation of time,
(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 onder this chapter, the current appearance shall 6e
treated as a second appearance for 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 counci( for a violation 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 appearance shall be treated as a third appearance far 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 betnre the cou�cil for a vioiation 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 shali be treated as a fourth appearance for the purpose of
determining the presumptive penalty.
(4) Any appearance �oe covered by subsections (1), (2) or (3) above shali be treated as a first appearance.
In case of multiple violations in aoy 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. Na. 17733, § 3, 5-8-90; C.F. No. 94-341, § 11, 4-13-94; C.F. A1o. 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02)
httpJ/www.cistpaul.mn.uslcode/1c324.htm1 8/17/2007
b09.685, Minuesota Statutes 2,C��6 Page 1 of 2
i �
���a�
- �_ Eeqislature F{ame R Links ta the Ystae(d S Hetp } At
- :�
— - _ .- . _ - - °�e"^-�- ' - - � - -
Fiouse � 8enate ( Jctini 6epar€anents attd Commissians [ Bit€ Search and Sfatus { 8tatufes, Laa�s, anct ftc:ias
Minnesota SfafuEes Tabfe of Chapfers Chapter 609 Tab{e of Confanfs
609.685, Minnesata Statutes 2006
Copyright O 2006 by the Office of Revisor of Statutes, Sfate oP Minnesota.
609.685 SALE OF TOBACCO TO CHU,DREN.
Subdivision 1. Definitions. For the purposes of this section, the following terms shall flave
the meanings respectively ascribed to them in this secfion.
(a) "Tobacco" means cigarettes; cigazs; cheroots; stogies; perique; granulated, plug cut,
orimp cut, ready rubbed, and other smoking tobacco; snufE, snuff flour, cavendish; plug and
twist tobacco; fine cut and other chewing tobaccos; shorts; refuse seraps, clippings, cuttings and
sweepings of tobacco; and other kinds and forms o£ tobacco, prepazed in such manner as to be
suitable for chewing or smokiug in a pipe or other tobacco-related devices.
(b) "Tobacco related devices" means cigazette papers or pipes for smokiug.
Subd, la. Penalty to sell. (a) Whoever sells tobacco to a person under the age of 18 yeazs 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 affumative de£ense to a charge uttder this subdivision if the defendant proves hy a
preponderauce o£the evidence that the defendant reasonably and in good faith relied on proof of
age as descrlbed in secfion 340A.503. subdivision 6.
Subd. 2. Other offenses.(a) Whoever fiunishestobacco orfobacco-related devicesto a
person under the age of 18 years is guilty of a misdemeanar for the first violation. tiVhoever
violates this paragraph a subsequent time is guilty of a gross misdemeauor.
(b} A person under the age of 18 yeazs who purchases or attempts to purchase tobacco or
tobacco-re1ated devices and who uses a dxiver's license, permit, Minnesota identification card, ar
anp type of false identification to misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3. Petty 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 years is guilty of a petty misdemeanar.
Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede or
preclude the continuation or adoption of any local ordinance which provides for more sfringent
regulation of the subject matter in subdivisions 1 to 3.
Subd. 5. E%ceptions. (a} Notwithstanding subdivision 2, an Indian may fiunish tobacco to an
Indian under the age of 18 yeazs if the tobacco is fruuished as part of a iraditional Indian spiritual
or culturai ceremony. For purposes of this pazagraph, au 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 seciion do not apply to a person under the age of 18 years who
purchases or attempts to purchase tobacco or tobacco-related devices while under the direct
supervision of a responsible adult for training, education, research, or enforcement purposes.
Subd. 6. Seizure of faTse ideniificafion. A retailer may seize a form of identification listed
in section 344A.503. subdivis'son 6 if the retailer has reasonable grounds to believe that the
hti p : //ros.leg.mn/bin/getpub.php?pubtype=STAT_GHAP_SEC&year=current�seciion=60... 8/17/2007
STATE OF M[NNESOT�"
� ss.
COUNTY OF RAMSEY )
.
/. ,
Julie Kraus, being first duly sworn, deposes and says that on the 6`� day of December, she
served the attached NOTICE QF VIOLATION by placing a true and conect copy thereof in
an envelope addressed as follows:
Owner/Manager
Christine Liquors
111 Cesaz Chavez Street
St. Paul, MN 55107
Michael VanderHeyden
694 Winslow Avenue
St. Paul, MN 55107
Samuel Amadeo Buffuigton, Community Organizer
West Side Citizens Organization
127 Winifred Street West
St. Paul, MN 55107-2128
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
UQ,.J
Ju1ie Kraus
Subscribed and sworn to before me
this 6 day of December, 2007
� �'�__� l��
��b���
AFFIDAVIT OF Sk�t_ JICE BY U.S. MAIL
RITA M. BOSSARD
NOSARY PUBLIC • MttN�S0TJ1
MY COiviMtSStON
EXPIRESJAN 31,2010
(1/8/2008) Mary Er'ickson - GS3047704 Christine L'iqours on 1/9/08 Consent Agenda (CF #08-29) Page 1,
From: Julie Kraus
To: Erickson, Mary; Naylor, Racquel;
Date: 1/7/2008 10:06 AM
Subject: G53047704 - Christine Liqours on
CC: Rozek, Christine
Mary/Racquel/Joan:
Reidell, Joan
1/9/08 Consent Agenda (CF #08-29)
Please remove item #11 (CF#08-29) finm Wednesdays (1/9/OS) agenda. On January 4, 2008, the licensee paid the $200 tobacco
fine and DSI will no longer be pursuing adverse action.
Any questions please give me a call.
Thanks
Julie Kraus
Oty of Saint Paul
City Attorneys Office
(651) 266-8776