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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