08-559Council File # �g'�J
Green Sheet # 3� ,�a
Presented by
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�f
1 WHEREAS, adverse action was taken against the Cigazette/Tobacco license held by Akbar Saleem
2 Abdul-Ahad d/b/a Meal Ticket Foods (License ID #20080000104) for the premises located at 1168 Selby
3 Avenue in Saint Paui by Notice of Violation dated Apri123, 2008, alleging licensee sold tobacco products
4 to a minor on March 20, 2008, in violation of Minn. Stat. §609.685 and Saint Paul Legislative Code
5 §324.0�; and
6
7 WIIEREAS, licensee did not respond to the Notice of Violation to contest the allegation or submit
8 the $200.00 matrix penalty; and
9
10 WHEREAS, the Nofice of Violation stated that if the licensee failed to contest the allegation or
11 submit the $200.00 matrix penalty by May 2, 2008, that the matter would be placed on the consent agenda
12 to impose the recommended penalty; now, therefore, be it
13
14 RESOLVED, that Akbar Saleem Abdul-Ahad d/b/a Meal Ticket Foods is hereby order to pay a
15 matrix penalty of $200.00 for the sale of tobacco products to a minor on Mazch 20, 2008. Payment of such
16 penalty shall be made within thirry days of the date of the adoption of this resolution.
Requested by Department o£
Adopted by Council: Date �j! ?�j ��
Adoption Certifi d y Co il Secretary
By:
Approved by a r: Date � �
By:
��1
BY� � (9 K .q.C�
�
Form A roved by City Attomey
BY� �Q�� 4 (R1.
Form Appro b May • for Su i•'o t C unc'1
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�'���
S� — DepC ofSafety & latipecrions � 14MAY-08
Contact Person S Phone:
Rachel Tiemey
266-8710
28-MAY-08
Doc. Type: RESOLUTION
E-Document Required: Y
DocumentContact: JulieKraus
Contact Phone: 266-8776
�►
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3053752
0 � ept of Safetv & Inspections I i
1 eat ofSafety & Inso�tions �I Deparm�ent Director
2 'tv Attomev I
3 a or's Offce Ma odASSisiant
4 ,Council I
5 �1Y C7 k CS Clerk
Apptoval of the attached resolultion to take adverse action against the Cigazette/Tobacco license held by Akbaz Saleem Abdul-Ahad
d/b/a Meal Ticket Foods (License ID#2008 0000104) for the premises located at 1168 Selby Avenue in Saint Paul.
�danons: approve (w) or tt
Planning Commission
CIB Committee
Civil Service Commission
1. Has this persoNfirm ever worked under a contract for this departmenY?
Yes No
2. Has ihis personffirtn ever been a ciry employee?
Yes No
3. Does this persoNfirtn possess a skill not normally possessed by any
arzent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee sold tobacco products to a minor on March 2Q 2008 in violarion of Minn. Stat. Section 609.685 and Saint Paul Legislarive
Code Section 342.07. After nofificarion, licensee did not respond to the Norice of Violation.
AdvantageslfApproved:
$200 mahix penalty
Disadvantages If Approved:
None.
DisadvanWges If NotApproved:
Transadion:
Funding Source:
Financial Information:
(Explain)
AcSivity Number.
May 14, 2008 11:00 AM
CosURevenue Budgeted:
Page 1
ca�/
(
sa[xr
P �' U � CITY OF SAINT PAUL
� Cl:ristopher B. Colemmy Mayor
AAAA
Apri123; 2008
r __
68
OFFICE OF THE CITY ATTORNEY
JoFm J. ChoS CityAnomey
�.'iVl]DS1�IStOR
400 CityHall Telephone: 657 266-87I0
IS�estKe7loggBlvd Facsimi7e:651298-5619
Sa"vrtPau� M"vmesota 55102
NOTICE OF VIOLATION
Owner/Manager
Mea1 Ticket Foods
1168 Selby Avenue
St. Paul, MN 55104
RE: Cigazette/Tobacco license held by Akbaz Saleem Abdui-Ahad d/b/a Meal Ticket Foods
for the premises located at 1168 Selby Avenue in Saint Paul
License ID #20080000104
Dear Sir/Madam:
The Deparhnent of Safety and Inspections (DSn has recommended adverse action against Yhe
Cigarette/Tobacco license held by Akbaz Saleem Abdul-Ahad d/b/a Meal Ticket Foods for the
premises located at 1168 Selby Avenue in Saint Paul. The basis for the recoxnmendation is as
follows:
On March 20, 2008, a tobacco compliance check was conducted at Meal
Ticket Foods located at 1168 Selby Avenue. A fifteen year old male entered
the store and asked to buy cigarettes. He was asked to show his
identification, and did so. It correctly stated his date of birth, which
indicated he was underage. Nevertheless, the clerk sold him a package of
Marlboro Lights cigarettes. Sale of tobacco to an underage person is a
violation of Minn. Stat. §609.685 and Saint Paul Legislafive Code §324.07.
This is the first violafion for the sale of cigazettes to an underage person, therefore, the
licensing office will recommend a$200.00 matrix penalty.
At this time you haue three options on how to proceed:
1. You can pay the recoxnmended $200.00 matrix penalty. If this is your choice, you should
make payment directly to the Department of Safety and Inspections, at 8 Fourth Street
East, Suite 200, St. Paul, Miuuesota 55101-1002 no later than Friday, May 2, 2008.
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 Employa
�
Meal Ticket Foods
Apri123, 2008
Page 2
(
68 ���
2- If you wish to adnut the facts but contest the penalty, you may I�zve a public hearing
before the Saint Paul Ciiy Council, you will need to send me a letter with a statement
admitting the facts and requesting a public heaziug. We will need to receive your letter by
Friday, May 2, 2008. The matter will then be scheduled before the City Council for a
public hearing to deteruiiue whetlter to impose the penalty. You will have an opporhmity
to appeaz before the Council and make a statement on your own behalf.
3. If you dispute the above facts, you can request a hearing before an Administrative 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 Friday, May
2, 2008, and I wiil take the necessary steps to schedule the adnrinistrative 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 a$50.00 admniistrative penalty pursuant to Minn. Stat. §461.12, subd. 3.
This is a separate action from this license matter.
If you have any questions, please £eel free to contact me at (651) 266-8710.
Sincerely,
�� t `
Rachel Tierney �
Assistant City Attorney
cc: Christ3ne Rozek, Deputy Director of DSI
Akbaz Abdul-Ahad, 2626 Cedar Avenue So, Minneapolis, MN 55407
Sarah Kidwell, Executive Director, Lexington-Hamline Community Council
1221 Mazshall Avenue, St. Paul, MN 55104
AA-ADA-EEO Employer
STAT'E OF MII�TNESO'�" �
) ss.
COITNTY OF RAMSEY )
l:
Juiie Kraus, being first duly sworn, deposes and says that on the 23� day of Aprii, she
served the attached NOTICE OF VIOLATION by placing a h�e and correct copy thereof in an
envelope addressed as follows:
Owner/Mana�er
Meal Ticket Foods
1168 Selby Avenue
St. Paul, MN 55104
Akbaz Abdul-Ahad
2626 Cedar Avenue South
Minneapolis, MN 55407
Sazah Kidwell, Executive Director
Lexington-Hasnline Community Council
1221 Marshall Avenue
St. Paul, NLN 551�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.
6�
Julie Kraus
Subscribed and swom to before me
this 23� day April, 2008
G � /`�� /��� ��i�� �
� No az Py ublic
AFFIDAVIT OF SE VICE BY U.S. MAII,
.,._,,, - : . - .
4l .
.T �.!�... � '
l :�.,`ti.r.. �- � _
y � �.
},���.
` D • G � �
609.685, Minuesota Statutes l�5
Page 1 of 2
6a -5�y
- - Le�is�ture Homa ( Links to fhe Lnlctrt� ( H=1p E Hc
Hause E Senate (.toin; QepaKm2nts and Comm'�ic;ns j Bi31 Se�sch and SEatr�s � SYaEut�, La�s, a:ac1 Rut�
Minnesota Statufes Table of Cha�ters Chapter 609 Table of Contenfs
609.685, Minnesota Statutes 2006
Cdpyright �O 2006 by the Office of Revisor of Stafutes, Sfate of Minnesofa.
609.685 SALE OF TOBACCO TO C�'1DREN.
Subdivision 1. Definitions. For the purposes of this section, the following terms shall have
the meanings respectively ascribed to them nn this section.
(a) "Tobacco" means cigazettes; cigazs; 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 other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and
sweepings of tobacco; and other kinds and fotms of tobacco, prepared in such manner as to be
suitable for chewiug or smoking in a pipe or other tobacco-related devices.
(b) "Tobacco related devices" means cigazette papers or pipes for smoking.
Subd. 1 a. PenaIfy to sell. (a) Whoever selis tobacco to a person under the age of 18 yeazs is
guilty of a misdemeanor for the first violation. Whoever violates this subdivision a subsequent time
within five years of a previous conviction under this subdivision is guiliy of a gross misdemeanor.
(b} It is aa a:ffuina5ve defense to a chazge under this subdivision if the defendant proves by a
preponderance of the evidence that the defendant reasonably and in good faith relied on proof of
age as described in section 340A.503. subdivision 6.
Subd. 2. Other offenses. (a) Whoever fuznishes tobacco or tobacco-related devices to a
person under the age of 18 yeazs is guilty of a misdemeanor for the first violation. tiVhoever
violates this paragraph a subsequent time is guilty of a gross misdemeanor.
(b) A person under the age of 18 years wfio purchases or attempts to purchase tobacco or
tobacco-related devices and who uses a driver's license, permi� Miunesota identificalion card, ar
any type of false identification to misreptesent the person's age, is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2, whoever
possesses, smokes, chews, br otherwise ingesfs, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 years is guilty of a pefty misdemeanor.
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 stringent
regulation ofthe subject matter in subdivisions 1 to 3.
Subd. 5. Ezceptions. (a) Notwithstauding subdivision 2, an Indian may fiunish tobacco to an
Indian under the age of 18 years if the tobacco is fiunished as part of a traditional Indian spiritual
or culhu�al ceremony. For purposes of this paragrapfl, an Indian is a person who is a member of
an Indian tnbe as defined in section 260.755 subdivision 12.
(b) The penaliies in this section do not apply to a persott under the age of 18 yeazs who
purchases or attempts to purchase tobacco or tobacco-related devices while under the direct
supervision of a responsible adult for training, educafion, researcfi, or enforcement purposes.
Subd. 6. 9eizure of faIse identification. A retailer may seize a form of identification Iisted
in section 340A.503, subd'zvision 6 if the retailer has reasonable grounds to beliave fhat the
http://ros.Ie¢.mnlbixi/�etpub.nhro?nubtvne=STAT �HAP CF�'�6�Pa,=�,,,-,�P„+,v�P�n�r=�n xn-ri�nn�
Chapter 324. Tobacco
�
�
Page 1 of 1
Sec. 324,07. Sa[es prohibited. ���jy�
(a) No person shail sell a cigarette outside its original packaging containing healtfi warnings satisfying the
requirements of federal faw. No cigarettes shalt be sofd in packages of fewer than twenty (20) cigarettes.
(b) No person sha(1 seI[ or dispense cigareEFe paper or cigarette wrappers from a vending machine or a motor
vehicle. No person shall sell or dispense tobacco from a motor vehicfe.
(c) No person shalf activate the remote control or provide tokens for a tobacco vending machine or selt
tobacco to anyone under the age of eighteen (18). ,
(d) Any violation of this chapter shall subjecE the licensee to provisions of secEion 310 and se�tion 3Z4.10 of
the Saint Paul Legislafiive Code.
(COde i956, § 336.07; Ord. No. 17714, § 1, 2-20-90; 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-il-06)
http://v,rww. ci. stpauI.mn.us/co de/1c324.hfm1
R/i���nm
Chapter 324. Tobacco i � Page 1 of 1
1 �
Sec. 32421. Presumptive penalties. D�J'�/ /
(a) Purpose. The purpose of this section is to establish a standard by which the city council determines the
amount of fines, length of license suspensions and the 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 that there exist substantial and compelling reasons which make it
appropriate to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penaity selected was more appropriate.
(b) Presumpffve penalties for violations. Adverse penalties for violations or convictions shall be presumed as
follows:
Type of Appearence
Violation
Sst 2nd 3rd 4th
(1) Sale of tobacco to a minor $200.00 fine $400.00 flne 30-day suspension Revocation
(c) Fines payable without hearing. Nohvithstanding the provisions of section 310.05(I), 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 which may warrant deviation from the presumptive fine amount. Payment of the
recommended fine will be considered to be a waiver of the hearing to �rhich the ticensee is entitled, and will
be considered an "appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(d) Computation of time.
(1) If a licensee violates this chapter and the violation occurs within twelve (1Z) calendar months after the
first appearance of the same licensee for a violation under this chapter, the current appearance shall be
treated as a second appearance for the purpose of determining the presumptive penatty.
(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 council for a violation of this chapter, and if the current violation
occurs within eighteen (18) calendar months of the violation that gave rise to the fint appearance before the
council, then the current appearance shall be ireated 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 council for a violation 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 shall be treated as a fourth appearance ior the purpose of
determining the presumptive penalty.
(4) Any appearance 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 (Z4) 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, § 11, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 02-
898, § 1, 11-6-02) '
http://www.ci.stpaul.mn.us/code/1c324.htm1 8/17/2007