08-920Amended 8/20/2008
Councit File # ��^q��
GreenSheet# 3bS7N3 i
RESOLUTION
Presented by
I WHEREAS, adverse action was initiated against the Cigarette/Tobacco license held by PMSS, Inc.,
2 d/b/a Sam's Dairy & Deli (License ID #20010003363) for the premises located at 1543 Maryland Avenue
3 East in Saint Paul by Notice of Violation dated July 1 l, 2008, alleging licensee sold individual cigazettes
4 from a package next to the cash zegister in the establishment in violation of Saint Paul Legislative Code
5 §324.07(a); and
6
7 WHEREAS, the licensee did respond to the Notice of Violation to request a public hearing which
8 was then scheduled for August 20, 2008; now, therefore, be it
9
10 RESOLVED, that the Cigarette/Tobacco 1'i* ense held by PMSS, Inc., d/b/a Sam's Dairy & Deli is
11 hereby ordered to pay a matrix penalty of $500.00 for selling individual cigarettes from a package in
12 violation of Saint Paul Legislative Code §324.07(a).
13
14 This resolution, and action taken above, is based upon facts contained in the July 11, 2008, Notice
15 of Violation sent to the licensee and the arguments made at the public hearing on August 20, 2008.
** with $300.00 stayed for a period of 18 months provided there are no further
violations,
$ostrom
Carter
Harris
Helgen
Stazk
Adopted by CouncIl: Date
✓
✓
✓
�
Adoption Certified by Counci ecretary
BY� // /i7.Ai �fli5��ii
Approv y yo � ate __�/'Z� 7� �S�
By:
Requested by Departrnent of:
BY: � /'(
Form A roved by City Attorney
BY� �(�lpYy� � (�eint./I
Form A rove by yor r b'ssion to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gr� SWCief �
''
Contact Pewon ffi Phone:
Rachel Tiemey
26fr$7�0
28-JUL-0B
reen Sheet NO: 3057431
20-AUC�-08
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Juiie Krws
ConWCtPhone: 2668776
� vewa�w�c�u .�.r���..0
0 t oiSafe & T ections
A55ign 1 4 otSate & Ias ections De artment Director
Number 2 'ty Atlorney
For
Routing 3 s or's Office Ma or/Assisfant
Order 4 omcit
5 ' Clerk ' C7erk
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of ffie attached resolution to take advetse ackon against the CigarettelTobacw License held by PMSS, Ine., d/b/a Sam's
Dairy & Deli (License II1 #20010003363) for the premises located at 1543 Maryland Avenue East in Saint Paul.
Waflons: nppmve (n) or ht
Planning Commission
CIB Committee
Civil Service Commission
7. Has ihis person�rm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever 6een a city employee?
Yes PJo
3. Does this perso�rm possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
initiating Probfem, Issues, Opportunity (Who, What, When, Where, Why):
On June 30, 2008, the licensee sold individual cigarettes from a package next to the register in the establislunent in violation of SPLC
secrion 324.07 (a). After no8fication, the licensee requested a public heariug.
Advantages If Approved:
Imposirion of a$500.00 matris penalty.
Disadvantages If Approved:
None.
Disadvan Wges If Not Approved:
Trensaction:
Funding Source:
Financial lnformation:
(Explain)
AGtivity Number:
CosURevenue Budgeted:
July 2S, 2008 11:12 AM Page 1
OFFICE OF THE CITY ATTORNEY
John Choi, CiryABomey
P^°L �C1TY OF SAWT PAUL CivrlDivision
� Chnstopher B. Coleman, Mayor 400 City Nall Telephone: 651 2fi6-8710
15 West Kellogg B/vd_ Facsimile: 65? 29&56I4
���� Sainf Paul, Mnnesota 55102
July 30, 2008
NOTICE OF COUNCIL HEARING
Chouaib Bensami
Sam's Dairy & Deli
1543 Maryland Avenue East
St. Paul, MN 55106
RE: Cigarette/Tobacco license held by PMSS, Inc., d!b/a Sam's Dairy & Deli for the premises located at 1543
Matyland Avenue East in SainC Paul
L'acense ID #.20010003363
Dear Mr. Bensami:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting
scheduled for Wednesday, August 20, 2008 at 5:30 p.m., in the City Counci] Chambers, Third Floor, Saint Paul City Ha11
and Ramsey County Courthouse.
Bnclosed aze copies of the proposed resolutlon and other documents which will be presented to the City Council
for their consideration. This is an uncontested matter concerning the fact that on June 30, 2008, a plain clothed St. Paul
Police sergeant was able to purchase individual cigarettes froin a package next to the cash register in your establishment in
violation of Saint Paul Legislative Code §324.07(a). This matter has been placed on the publlc 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$500.00 matrix penalty.
If there is anv information vou would like Citv Council to review arior to the public hearine I will need to
receive it no later than Mondav, Au�ust 11. 20�8.
Very truly yours,
ti�.. Q-(,� � �,Yl.l�
Rachel Tiemey
Assistant City Attorney
ca Cluistine Rozek, Deputy Director of D5I
�/blary Erickson, Council Secretary
Chouaib Bensami, 11362 Swallow Street NW, Coon Rapids, MN 55433
Lisa Heilman, District 2 Community Council, 1961 Shenvood Avenue, 5t. Paul, MN 55119-3230
AA-ADA-EEO Employer
Ii .�
Licensee Name:
Address:
Council Date:
Violation:
Aate of Violation:
Sam's Dairy & Deli
1543 Maryland Avenue East
St. Paul, MN 55106
Wednesday, August 20, 2008 @ 5:30 p.m.
Selling individnal cagarettes from a package in
violation of Saint Paul Legislative Code §324.07(a).
June 30, 2008
Recoir,rr►�ndation ef Assista�t City ALtorn�y an behali of ei;e;�t, T1epa�tme;�� �f
Safety and Inspections:
$500.OQ matrig penalty
Attachments:
1.
2.
3.
6.
Proposed resolution
Copies of ECLIPS screens dated 7/3/08
Copy af Saint Paul Police Department Original Offense/Incident Report
dated 6/30108
Copy of Notice of Violation and Af�davit of Service dated 7111/08
7. Copy of letter from licensee requesting a public hearing dated 7/21/OS
8. Saint Paul I.Qgislative Code §324.07(a)
9. Saint Paul I,egislative Code §310.05(m)(2}
�icense Group Comments Text �
Licensee: pM551NC
DBA: SAM'S DAIRY & DELI
� 07/03/2008
07/03/2008 To CAO for adverse adion. $500 matrix penalty. CAR
06/30/2008 CN08125Z55 indicates that individual cigarettes were sold to a pollce officec CAR
72/272007 Pertormed license conditions inspecfion; in compliance. RS
09/7 $/2007 $50.00 rcvd from clerk for cig sales violation. ES
09l07/2007 $200.00 rcvd for cig sales violation. ES
08/2?J2007 Notice of Volation from CAO for tobacco compliance failure. Given until 09/04/2007 to respond. CAR
07/23/2007 To CAO for adverse action. CAR
07/112007 Failed tobacco complfance check.First Failure. $200 matrix penalty. RJ/CAR
04/06/2006 Passed tobacco compliance check. PF
OS/09/2005 Passed tobacco compliance check. RDH
04/13/2004 Passed tobacco wmpliance check CMK.
04/23/2003 Passed tobacco compiiance check. CMK.
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' ' Saint Paul Police Departmerr
OR1GiNAL OFFENSE / INCIDENT REPORT
Compltint Number Reference CN ��fA ��
Pnmary oNense:
1NVESTIGATE-AND ALL OTHER
PrimaryRepoAingO7ficer. SCho2n David A
Pnmarysquad.� 7gp
Secondary reporting o�cer.
approver. Schoen, David
o;stdcr. Eastern
Site:
Ar�est made:
Secondary offense:
Police O�cerAssaulted or Injured:
Cnme Scene Processed:
— - -- ----
LiEr co�Y o6�:
DBta Privacy Restrictions Apply
Minnesota Statute 33.82
Name ofloca5on/business:
Gocation ofincident. 1541 MARYLAND AV E
ST PAUI, MN 55106
Dafe 6 time o/ occunence: 06/30/2008 12:10:00 ro
06130l2008 12:10:00
Police O�cer Assisted Suicide:
Page 7 of 3
�g-�a�
13:31:00
OFFENSE DETAILS
E;�v�sT;�a��-arta ai� c�tteR
Attempt Onty: Appears to be Gang Related:
NAMES
Suspect
UNKNOWN
Nicknames or Alias¢s
Nick Name:
Alias:
AKA First Name:
D
Sex.•
Pho nes
Home:
Wo�k
Empl oyment
Occupation:
AKA Last Name:
Race; DOB:
Hispanic: Age: from Qp to Qg
Cefl: Contact:
Fax Pager.
Emp/oyer.
ResidentStatus:
SP954DESC260D30
� � Saint Paul Police Departmerr
Complaint Number
ORIGINAL OFFENSE / lNCIDENT REPORT
Reference CN
Pnmary oflense:
INVESTIGATE-AND ALL OTHER
LIEP COPY "", `
Data Privacy Restrictions Appty
Mutt�saFa Statute 13.82
Page p of 3
ii •Z
IdenL�caSon
SSN:
License or ID#.
License State:
Pbysical Desc�iption
US: Metric:
HeighY. 5$ to 5� �
Weight.160 to 180
Teet�:
ONend¢r lnformation
Artesfed:
DUI:
Condition:
su;id.• Slender
Skin: Light Brown
Eye Colo%
Puisuit engaged:
Resistance encountered:
Taken to healfh ca�e facility:
HarLengifi: ShOrt haif
Facia�Ha;c Clean shaven
Blood Type:
Violated Resfraining Order.
Medica! refease obtained:
NairCo/or. Black
Nair7ype: Str8lght
SOLVABILITY FACTORS
Suspect can be ldentifled:
Photos Taken:
Evidence Tumed /n:
Related IncidenC
By:
Stolen Property Tracea6le:
Property Tumed ln:
Lab
Biological Anatysis: Fngerprints Taken:
Narcotic Analysis:
Latr Comments:
(tems Frngerprinted:
Participants:
Person Type: Name: Address: Phone:
Suspeci
NARRATIVE
I, Sgt. Dave Schoen, am assigned to the Vice Unit. I work out of the Department of Safety & Inspections. I
received a complaint that Sam's Dairy, 1541 E. Maryland, was selling individual cigarettes. This would be a
violation of their license as weli as federal tobacco laws. Additionally, I have received compfaints that their is
drug dealing in and around Sam's Dairy.
On 6-30-08, at approx. 1220 hrs., 1 went to Sam's Dairy, 154i E. Maryland Ave. 1 was wearing plain clothes
and driving an unmarked vehicle. I entered the store and brought a can of Diet Coke to the counter. I asked the
cashier for a pack of Mariboro Lights. He piaced the cigarettes on the counter and began to ring up my
purchase. I pul{ed two doNars from my pocket and to{d him i did not have enough money, as I pushed the pack
SP954DESC260D3D
` Saint Paui Police Departmert'
ORIGINAL OFFENSE / INGIDENT REPORT
Compltint Number Reference CN
P""'�'orre^Se: Data Privacy Restrictions Apply
INVESTIGATE-AND ALL OTHER Minnesota Statute 13.82
Page 3 of 3
G8-Q�
of cigarettes toward him. 1 paid for the pop and piaced the other dollar bili on the counter and asked if he had 'a
couple of smokes'. F4e pointed to an open pack of Mar{boro 100's that sitting next to the cash register and
asked if they were OK, I told him I'd take the 100's. I also saw an open pack of Newport 100's next to the
Marlboro's. He handed me iwo individual cigarettes and picked up my dollar bill, I thanked him and left the
store.
The cashier was a Iight skinned Hispanic or Middle Eastern male, mid 20's, 5-10, 175 ibs. short well groomed
biack ha+r, clean shaven, and spoke perfect English. He was wearing a stripped blue & white coilared shirt.
PUBLIC NARRATIVE
License violation.
SP954DESC260D3D
I
(
ii .
SAiNT
PAUL
�
AAAA
CITY OF SAINT PAUL
CJvirtopher B. Colemmi, Mayor
Juiy 11, 2008
CiviZDivixion
400 City Ha71
IS WestKeZloggBlvd
Saisri Pml� M'amesot¢ SSIO2
NOTICE OF VIOLATION
Owner(Manager
Sam's Dairy & Deli
1543 Maryland Avenue East
St. Paul, MN 55106
Telephone; 65Z 266-81Z0
FaasimJe: 657 29&5679
RE: Cigarette/Tobacco license held by PMSS, Inc., d/b/a Sam's Da'uy & Deli for the
premises located at 1543 Maryland Avenue East in Saint Paul
License ID #:20010003363
Dear Sir/Madam:
The Department of Safety and Inspections will recommend adverse action against the
Cigarette/Tobacco license held by PMSS, Inc., d/bfa Sam's Dairy & Deli for the pxemises
located at 1543 Maryland Avenue East in Saint Paul. The basis for the recommendafion is as
follows:
On June 30, a plain clothed St. Paul Police sergeant, came to your
store to investigate complainfs that you were selling individual
cigarettes (CN #08-125-255). He entered the store and brought a can
of Diet Coke to the counter. He asked for a pack of Marlboro Lights
cigarettes. The cashier placed the cigarettes on the counter and began
to ring up the purchase. The sergeant pulled two dollars out of his
pocket and told the cashier that he didn't have enough money. He
paid for the Coke and placed the other dollar on the counter and
asked the cashier if he had "a couple of smokes?" The cashier pointed
to an open package of Marlboro 100's next to the cash register and
asked the sergeant if they were okay. The sergeant told him he would
take the Marlboro 100's. The cashier handed him two (2) individual
cigarettes and took his dollar bill. He also noted at that time that
there was an open pack of Newport 100's next to the open package of
Marlbords. He thanked the cashier and left the store.
This is a violation of Saint Paul Legislative Code §324.07 (a) which states "no person shall sell
a cigarette outside its original packaging containing health warnings satisfying the requirements
offederal Zaw. No cigarettes shall be sold in packages offewer than twenty (20) cigarettes. "
AA-ADA-EEO Employer
,-
�.
i� �.•
S�'s Dairy & Deli
Therefore, as per Saint Paul Legislative Code §310.05 (m)(2), fhe licensing office will
recommend a matriY penalty of $500.00.
At this time, you have three options on how to proceed:
You can pay the recommended $500.00 penalty. If tlus is your choice, please send the
payment to the Department of Safety and Inspeciions (DS� at 8 Fourth Street East, Suite
200, St. Paul, Miuuesota 55101-1002 no later than Monday, July 21, 2008. Payment
should be directed to the attention of Christine Rozek. A self-addressed envelope is
enclosed for your convenience. Payment of the penaity will be considered a waiver of
the hearing to which you are entifled.
2. If you wish to a.dmit the facts but contest the penalty, you may have a public hearing
before the 5aint 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 by
Monday, July 21, 2008. The matter will then be scheduled before the City Council for a
public hearing to determine whether to impose the penalty. You will have an opporluuity
to appeaz before the Council and make a statement on your own behalf.
?. If qou 3ispute tke above facts, � ou can :equest a hearing befo:e ar. Ad.�inistrative Lzw
Judge. At that hearing both you and the City will be able to appear and present
wimesses, evidence and ctoss-examine each other's witnesses. The St. Paul City Council
will ultimately decide the case. If tkris is your choice, please advise me no later than
Monday, July 21, 2008, and I will take the necessary steps to schedule the
admiiustrative hearing.
If you have not contacted me by that date, I will assume that you are not contesting
the imposition of the $500 penalty. In that case, the matter will be placed on the Council's
Consent Agenda for approval of the recommended penalty.
If you haue ques&ons about these opfions, please feel free to contact me at 266-8710.
Sincerely,
2 �� � �
Rachel Tiemey
Assistant City Attomey
cc: Cluistine Rozek, Deputy Director of DSI
Chouaib Bensami, 11362 Swallow Street NW, Coon Rapids, MN 55433
Lisa Heilman, Dishict 2 Community Council, 1961 Sherwood Avenue
St. Paul, MN 55119-3230
STATE OF MINNESO'r ` �
) ss. AFFIDAVIT OF S�.�cVICE BY U.S. MAIL
� o�-�aa
COUNTY OF RAMSEY )
7ulie Kraus, being first duty sworn, deposes and says that on the 11�' day of 7uly, she
served the attached NOTICE OF VIOLATTON by placing a irue aud conect copy thereof in an
envelope addressed as follows:
Owner/Manager
Sam's Dauy & Deli
1543 Maryland Avenue East
St. Paul, MN 55106
Chouaib Bensami
11362 Swallow Street NW
Coon Rapids, MN 55433
Lisa Heilman
District 2 Community Council
1961 Sherwood Avenue
St. Paul, NIlV 55119-3230
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�������
ie Kraus
Subscribed and sworn to before me
this 11�` day July, 2008
� .!�kiL�v ���'( �-`--° �\
Notary Public
RITA M. BOSSARD
NOTARY PUBLIC - MMPIESO TA
MY COMMiS510N
' EXPIRES JAN. 31 , 2 0 1 0
ri -
ST. PAUL, MiV 55106
TO : OFFICE OF THE CITY ATTOI2NEY
RE: CIGARETTE VILOATION
I� •' 1' •�•
WE AT SAM'S DAIRY DO ADMITT TO THE FACTBUT WOULD LIKE TO
REQUEST A PUBLIC HEARING FOR THIS MATTER.
THANK YOU MUCH
City of St. Paul, MN - Officia� nJebsite - City Charter & Codes Page 1 of 1
�
Sec. 324.07. Sales prohibited.
i. ` •
. .__ ... ----
=--. - ° = kaging eortta+nirtg�rea — _ _ _— _ -_ 9 re9ui�
� law. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes.
(b) No person shail seil or dispense cigarette paper or cigarette wrappers from a vending machine or a motor ve
shall sell or dispense tobacco from a motor vehicie.
(c) No person shall activate the remote control or provide tokens for a tobacco vending machine or sell tobacco
the age of eighteen (18).
(d) Any violation of this chapter shall subject the licensee to provisions of section 310 and section 324.10 of the
Legislative Code.
(Code 1956, § 336.07; Ord. No. 17714, § 1, 2-20-90; C.F. No. 94-341, § 7, 4-13-94; C.F. No. 97-314, § 1, 4-20-!
872, § 1, 10-11-06)
http:/fwww.cistpaul.mn.us(web/CityCode(1c324.htxnl 7/8/2008
City of St. Paul, MN - Official Website - City Charter & Codes
Page 1 of 1
. �g--9�ia
(m) Presumptive penalties forcertain violations. The purpose of this section is to estabiish a standard by which i
determines the amount of fines, the length of license suspensions and the propriety o4 revocations, and shalt ap
ese pena t'�es are presumed to be appropriate for every case; however the councii may deviate therefrom in 2
where the council finds and determines that there exist substanlial and compelling reasons making it more appn
When deviating from these standards, the council shall provide written reasons that specify why the penalty seie
appropriate.
Type of Violation
(1) �olations of conditions placed on the license
(2) Violation of provisions of the legislative code relating to
the licensed activity
(2) Violation of provisions of the legislative code relating to
the licensed activity, other than violations of the food code
(3) Failure to permit entrance or inspection by LIEP
inspector or police
(4) Commission of a crime other than a felony on the
premises by a licensee or employee
(5) Commission of a felony on the premises by a licensee or
employee
(6) Death or great bodily harm in estabiishment related to
violation of law or license conditions
(7) Failure to pay license fees
(8) Criticai violations under 331A
(9) Non-critical violation under 331A
Appearance
1st 2nd 3rd
$500.00 fine $1,000.00 fine $2,000.00 fine anc
day suspension
$500.00 fine $1,000.00 fine $2,OOD.00 fine anc
day suspension
$500.00 fine $1,000.00 fine $2,000.00 fine anc
day suspension
5-day 10-day 15-day suspensior
suspension suspension
$700.00 $1,500.00 5-day suspension
$2,000.00 Revocation n/a
30-day 60-day
suspension suspension
Revocation
$250.00 $500.00
$150.00 $250.00
Revocation
$1,000.00, 5-day
suspension
$500.00
http://www.cistpaul.mn.us/web/CityCode/1c310.htm1 7/28/2008