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08-290Amended 3/19/2008 Presented by RESOLUTION Councrl File # b g' �0 Green Sheet #���`� CITY,O�INT PAUL, MINNESOTA 5r 1 Wf�REAS, adverse action was taken against Tanya Elizabeth Amos, clerk at Oasis Mazkets for 2 the premises located at 2057 Mazshall Avenue in Saint Paui by Norice of Admiiustrative Fine dated 3 February 14, 2008, alleging the clerk sold tobacco products to a minor on January 25, 2008, in violation of 4 Mimi. Stat. §461.12, Subd. 3 and Saint Paul Legislative Code §324.07; and 5 6 WF�REAS, clerk did respond to the Notice of Violation to request a public hearing which was 7 then scheduled on March 19, 2008; now therefore be it, 8 9 R��Sf3���thar"�anya�iizabettr�xros�si�erebpardertsgap� fne 10 tsbaeeapredaetstcra�nnioroir��-z�5,-�6(�g.-�meirt o-€sttelrpen�tps�ha�l-b�mad�wittrinthirtq 11 c�er�se€tiie-date�affi3�a�eptianroffihisresokution- *** 12 13 This resolution, and action taken above, is based upon facts contained in the February 14, 2008, 14 Notice of Administrative Fine sent to the clerk and the arguments made at the public hearing on March 19, 15 2008. 16 17 *** RESOLVED, that a fine of $50.00 is imposed on Tanya Elizabeth Amos for the sale of 1$ tobacco products to a minor on January 25, 2008. That fine is hereby stayed. 19 20 21 Bostrom Carter Harris Yeas Absent Requested by Deparhnent of: Adopted by Council: Date ✓ J V Adoption Certified by Co cil Secretary By: / Appro d ay . Date � Z.i p� $y: � . � I _r�u. � � Form oved by CiTy Attorney By� �e,.,�..Q �'t,�.►�,,�.�n Form Ap oved y a��or for�b iss� to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 68 - 2�96 SI — DeptofSafery&Tnspections � 2frFE6-08 CoMact Person 8 Phone: Rachel Tiemey 266-8710 must 6e on CoY acfl Agentla by (Oat 12-MAR-08 1 3 � � Doc.Type: RESOLU N E-Document Required: Y Document CoMact: Julie Kraus CoMact Phone: 26-8776 � Assign Number For Routing Order Totai # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3050457 O �D¢Pt o£Saf¢ty c� LLSp¢CbOOS � 1 eot of Safety & Iospections I Uepartment D'vector , 2 ' Attorne ' 3 iMsvor's Office I MaYOdAssisiant 4 �Council 5 'tv Clerk �1tY Clerk i Approval of the attached resolution to Take adverse acrion against Tanya Elizabeth Amos, the clerk at Oasis Markeis for the premises located at 2057 Marshall Avenue in Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has this person/frm ever worked under a contrad 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 city employee? Yes No Explain all yes answers on separete sheet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On January 25, 2008, the clerk sold tobacco products to a minor in violarion of Minn. Stat. Section 46112, Subd. 3 and St. Paul Legislative Code Section 324.07. After notificarion, the clerk requested a public hearing. AtivanWges If Approved: $50.00 fine. DisadvanWges If Approved: None. DisadvanWges If Not Approved: Transaction: Funding Source: Financialinformation: (F�cplain) Activity Number: CosHRe�enue Budgeted: February 26, 2008 11:15 AM Page 1 OFFICE OF TF� CITY ATTORNEY Jahn Choi, CiryASarney a� -a-�� CI11 �F 'SAINT pAUI' CivilDivision ChristapherB, Colemm5 _yt¢yor 400 CityHa11 Telephone: 651266-8710 ISYPestKelZoggBlvd Facsimile:651298-5679 SaintPaul Mim1esota55102 �rr� Februaiy 28, 2008 NOTICE OF COUNCII. HEARING Tanya Elizabeth Amos 1067 St. Paul Avenue St. Paul, MN 5 5 1 16-253 4 RE: An Adminisfrative Fine for the sale of tobacco products to an underage person at Oasis Markets for the premises located at 2057 Mazshall Avenne in Saint Paul Deaz Ms. Amos: Please take norice that this matter has been set on the Public Hearing Agen�a for the City Council meeting scheduled for Wednesday, March 19, 2008, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents wluch will be presented to the City Council for their considerarion. This is an uncontested matter concerniug the fact that on January 25, 2008, you sold tobacco products to a minor in violadon of Minu. Stat. §461.12, Subd. 3 and Saint Paul Legislative Code §324.07. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office for this violation is a$50.00 fine. If there is anv informa&on vou would like City Council to review�rior to the public hearing I will need to receive rt no lafer than Monday March 10 2008 Very truly yours, �a� �`� Rachel Tiemey Assistant CifyAttorney cc: Christine Rozek, Deputy D'uector of DSI MaryErickson, Council Secretary, 310 CityHall AA-ADA-EEO Emplcye: UNCONTESTED LICENSE MA.TTER Licensee Name: Address: Council Date: Tanya Elizabeth Amos 1067 St. Paul Avenue St. Paul, NIN 55116-2534 Wednesday, March 19, 2008 @ 5:30 p.m. Violation: Clerk sold tobacco products to a minor in violation of 1VTinn. Stat. §461.12, Subd. 3 and St. Paul Legislative Code §324.07. Dates of Violation: January 25, 2008 ' '� �. , Recommendation of Assistant City Attorney on behalf of client, Department of S��Pty and Inspeetions: $50.00 Fine Attachments: 1. 2. 3. 4. 5. Proposed resolution Tobacco Compliance Check Purchase Form dated 1/25/08 Notice of Administrative Fine and Affidavit of Service dated 2/14/08 Minn. Stat. §461.12, Subd. 3 St. Paul Legislative Code §324.07 ..e :.`, �ar[. ; �': ����; CITY OF SA1NT PAUL ChrittopherB. Calmtan, Mayor � . (. OFFICE OF LFCENSE, INSPECTIONS AND ENVIl20NMENCAL PFOTECZSON Bob Kersler, D'vufor COdfMERCE BUILDING 8Forn7kSG $ Suite 200 Saint Pm� I.S'mnerota 55101-Z024 Tobaceo Campliance Check Pnrchase �orm A�7CLabeiHCZ,e License#:200i�002945CigareftelTo6acco Sptus : Active , � OASIS MARKETS 2057 MARSF+ALL AVE ST PAU4 MN 551045745 ' Bnsiness Type: []Convenience nvemence / Gas' -" OCras �Dmg Srote / Phannacy [�Tobacco / Smoke Sfiop �3uQanaazket! Gcocery [�Genexal Merchant OLiquoi Store! Baz Restaurant �Other (private cSub bowling, eic.� Dater �%��/= �! � _ _17ime: CJ t . � ! a.m. p.m bS :S D D.. J ����,. � � R'aspur aseattempfed?- -".--I€NO [�Yes . QI�*o QDoes not seII tobacco �Unsatis&ctoryhwsafe conditions �dutofbusiness []Odtez �After business hours QNot appiicable Super ���'" Age Sea Adnit ��� Did adult or view transaction? Use 3 initiais 5 ema2 Use 3 inifia2s Xes or No � � 17 s ate made? Was age as Was ID r ted? Was ID shown� Y or No Yes or No Yes r No �or No 'ype of purchase: 'Tyge of product Am spent: $� 41 . �� _9elf Service �Cigarettes � (� � �-`�; t vXv-� _Cterk assisted Smokeless _Vending machine - Unlocked _Cigars Location ofmacfiine _Other (cigarette papeis, lighter, _Vending machinG - Locked " Location ofmachine - Ierk Informa�au: �Female �Male Appragmate Age: �LJnder 18 Actuat ag� if known �8 and Over . i! '♦ Tdephone: 657-266-9090 Faabur7e: 65I-266-9124 Web: svww.7iep.us � Name � 6�- ? �D ��n, A' ��Z 1--� �b �—�� - (� -- ��2 ��-�.. Date of Birth � , ' ,_ Addtess � - i q g,, /� e ��.,,� G �i 1 �� t G�t,e� � � � `"` , ' �� 551i � - a S 3 �f Driver's License`� or �� �,�,� ��',`�"� �' � � r���� �� �. �_�: G � �, ��l �� �Y �' - TMti�t2'vv / U � `f '� N'EJt� -b��G�- , -� 4 .� . _ _" � -- - .- � _ .._ :: ..._-.. ,:._ .. - � � ���,v �� . ����� �� ����r ��� � � � � OFFICE OF THE CITY ATTORNEY John J. Cho:,.CiryAnorney sarxr PAUL � e�e� CITY OF SAINT PAUL Ci�istopher B. Coleman, Mayor Februaty 14, 2008 cn�it Di+nsion 400 CffyHaZ1 IS �eseKeIIoggBZvd samrrau� a.fmnesorasszoz NOTICE OF ADMIIVISTRATIV� FINE On January 25, 2008, an underage person entered Oasis Marketslocated at 2057 Nfarshal] Avenue and asked to purchase cigarettes. Xou were later identi�ed as the clerk behind the counter. The individual was able to purchase a package of Marlboro Lights cigarettes even though the identification she showed correctly stated her date of birth, which indicated that she was a minor. This sale was in violation of Miun. Stat. §609.685 and Saint Paul Legislative Code §324.07. Miun. Sfat. §461.12, Subd. 3, staEes that "an individual who sells tobaceo to a person under the age of 18 years must be charged an administrafive penalty of $50.00. " At fhis fime you have three options on how to proceed: Tanya Elizabeth Amos 1067 St. Paul Avenue St. Paul, MN 55116-2534 RE: Sale of cigarettes to a minor Dear Ms. Amos: %: , ♦ TeZephone: 651266-87I0 Fac.simile: 657 298-5679 The Department of Safety and Inspections has determined that you are subject to an adm'vustrative penalty of $50.00, putsuaut to Nfinv.. Stat. §461.12, spbd.3. The basis for this deteriroination is as follows: You can send your fine payment of $50.00 to the Department of Safefy and Inspections, 8 Fourth Street East, Suite 200, St. Pau1, Minuesota 55101-1002 by Monday, February 25, 2008. A self-addressed envelope is enclosed for your convenience. Payment of the fine will be considered to be a waiver of the Iiearing to which you are entiEled. AA-ADA-EEO Employer r �� G� �Ib Tanya Elizabeth Amos February 14, 2008 Page 2 2. 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 facfs and requesfing a public hearing. We will need to receive your leiter by Monday, FeIiruary 25, 2008. The matter will then be scheduled befare the City Council for a public hearing to determine whether to impose the fine. You will have an opporhmity to appear before the Council and make a sfatement on your own behalf. 3. If you wish to contest the facts outlined above, you can request a hearing before an Administrative I.aw Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-exuniue the other's witnesses. "Fhe St. Paul City Couricil will ultimately decide the case. If this is your choice, please advise me bq 1VIonday, February 25, 2008, and I will take the necessazy steps to schedule the administrative hearing. Please let me laiow in writing by Monday, February 25, 2008, on how you wish to proceed. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, i � Q�,.,.e. �. �,,� Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI AA-ADA-EEO Bmnloyer STATE OF MINNESOT�' � ss. COUNTY OF RAMSEY ) ` G� AI+FIDAVIT OF SB _,�ICE BY U.S. MAIL Ju1ie Kraus, being first duly sworn, deposes and says that on the 14�' day of February, she served the attached NOTICE OF ADMIlVISTRATIVE I�'IlVE by placing a true and correct copy thereof iro an envelope addressed as follows: Tanya Elizabeth Amos 1067 St. Paul Avenue St. Paul, MN 5 5 1 1 6-253 4 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota ulie Kraus Subscribed and swom to before me this 14�' day Februar;�, 20�8 . - � / � "l- �� 'Not�ry Pub ic T �.�.,.� RITA M. BOSSAP.0 � �.p�RypUBUC-MWM1lESOTP ��° MY COMMISStON IXPIRESJAN.37,2010 � 461.12, Minuesota Statutes 2,p� Page I o£2 �. a� -a-ga € aa3sta€vre i-�ccne [ LFr,ks :a i�e �t�tc-Fid J �b ( iis _ - - " _.-��-x.. �...: - _. .... . i?cuse [ Set��fe � ��,:ni €�ep�rcrzz�ts sund �arfim�ians � 3iit Searc� �nd Status � 5���, � a:�s, and R�'es l�tinnesafa Sfaiufes Tab[e oi Cha fers Chaofer 461 Tab[e of Confents 461.1�, Minnesota Statutes 20U6 Copyrigfit O 2Q�6 by fhe Office of Revisor of Sfatu{es, Sfafe of Minnesota. 462.12 MITNIC�AI, TOBACCO LICENSE. Subdivision 1. Anthorization. A toivn board or the governing body of a home nrle cfiarter or statutory city may license and regulate the retail sate oftobacco as deSned in section 699.685, subdivision 1, and establish a Iicense fee for sales to recover the estanated cost of enforcing this chapfer. The county board shall license and regulate the sale o£tobacco in unora n77ed territory of the couniy and in a towtt or a home role charter or statutory city ifthe town or city does ttot License and regulate retail tobacco sales. Retail establisbments ficensed by a town or oity to sell tobacco are noY requited to obtain a second license for the same lbcation under the ficensing ordinance ofthe county_ Subd. 2, Adnwinistrafive penalties; licensees. If a licensee or employee of a licensee sells tobacco fo a person under the age of 18 years, or violates any other provision ofthis chapter, the licensee shall be charged an administ�•ative penalty of $75. An admiuish penally of $200 must ba imposed for a second violation at tfie sa�ne Aocation wit2vn 24 mottths after the initial violaiion, For a third viola#ion at the same Iocatiott within 24 months after the initial violation, an adminisEcative penalty o£ $250 must be imposed, and the &censee's authority to sell fobacco at that location musE be suspended for not less tfiau seven days. No suspension or penaliy may take effect �mtil the licensee has received notice, served pezsonally or by mail; of the alleged violafion and an opportiurity £ox a fieariug befoxa a person authoiized by the ficensing autltority fo conduct the hearing, A decision that a violaiion fias occurred must be in writing, Subd. 3. AdmiuisiratiQe penalty; individnals. An individual w$o sell's tobacco to a person under the age of 18 years must be chazged an admiuisCra.five penalty of $50. No penalty may be imposed uniil tlze individual has received notiee, served personally or by mail, of the alleged violation and azt oppor[ani(y for a hearing before a person authorized by the licettsing autfiority to conduct the heazing. A decision that a violafion has occurred must be in writing, Snbd. 4.1Vfinors. Tha licensing authority shail consuIt with interested edncators, pazents, children, and repxesentatives o£tfie court system fo develop alternafive penalfies for mmars w$o purchase, possess, and constuue tobacco. Ttie licensing authority attd the inferested persons sfiaIl consider a variety of optioas, including, but not Iimifed to, tobaoco free education programs; notice to scflools, pazents, communify sezvice, and otlier court divexsion pmgrams. Subd. 5. Comp&ance cbecks. A Iicensiug autfi6rity sfiall conduct nnannouttced compfiance . checks at teast once each catendar year at each Iocatioa where tobacco is sold to test compliance wifh section 609.685. Compfiance eflecks must involve minors over the age of 15, but under fhe age of 18, wfio, with flze prior written eottsent of a pazent or guaxdiau, attempt to purchase tobacco tu�der tke direct supezvisian of a Iaw enforcement officer or att emptoyee of tlte &censing authoxity. Subd. 6, Ae�'ense.It is an affzrrua�ve defensa to the chazge o£selling tobacco to a pezson under tlze age of 18 years in vioTafion o£subdivision 2 or 3 that the Iicensee or indivzdual making r ��i ;//ros.Ieg-mn/bir�/aetpuo.�hu?cu'oivne=,�TAT ('uAP .C��,e,<>o�,—,.,,..�„.Q.rt,,,�;�__�� �,,,,,,,,,,,,,, Cha�ter 324. Tobacco Sea 324,07. Sa[es prohibzted, Page 1 of 1 �' , ♦ (a} f�o person shafE safl a cigareEte ou`�side its original packaging containing nealtfi wamings satisfying the xeQui "reazettts of federai taw. �to cigaretces shalt be sold ia packages of fewer than ixeniy (20� cigareites. Cb) I�o person shal( se[( or disoense cigaratte oaper or cigareue wrappers from a vending mact�ine or a motor veF�ic(e. No- person snatl selE'or dispense tonacco From a motor vehicle. (c} �!o person shall ac[ivaYe tne rerttoEe control or provide tokens ,`or a tobacco vending machine or setl tobacco to anyone underthe age of eightaen (ISJ, (d) Any viofatioa of this cfiapter sha(( svbject the IPcensee to provisions of section 310 and section 324.10 of , Eha Saint Pau! Cegis(ative Code, (Code 1956, § 336.07; Ord. No. 17714, § 1, 2-2Q-90; C.F. No. 94-341, § 7, 4-13-94; C,F. No. 97-314, § 1, 4-20-97; C.F, fVo. �6-872, § 1, 1Q-1I-06) htto://�rw�r.ci.sipaul.mn.us/code(Ic324 i�Cm1 �„rt,�„n,.