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08-948Conncil File # �— Green Sheet # ,S' RESOLUTION Presented by 1 VJHEREAS, adverse action was taken against the CigarettelTobacco license heid by Akbar Saleem 2 Abdul-Ahad dfbla Meal Ticket Foods (License ID #20080000104) for the prexnises located at 1168 Selby 3 Avenue in Saint Paul, by Notice of Intent to Suspend License dated July 14, 2008, alleging licensee failed 4 to pay the $200.00 penalty imposed by City Council on May 28, 2008 (CF #08-559) for the sale of tobacco 5 products to a minor on March 20, 2008; and 6 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the allegation or submit the $200.00 penalty payment; and 10 WHEItEAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the 11 allegation or submit the fine payment by July 25, 2008, that the matter would be placed on the consent 12 agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Cigazette/Tobacco license held by Akbar Saleem Abdul-Ahad d/b/a Meal 15 Ticket Foods is hereby suspended. 16 17 18 19 20 Yeas Nays Absent Requested by Department of: � � �....�— ✓ 1 ♦ � , I 1'hune �- Form �A��� 7 n ved by City Attorney � BY� 1vWMUC. � IL�.VI.c,� Adopted by Council: Date '��,� 7���1 � Adoption Certified by Council Secretary Form Appro d b or for u is ' n to Council By: _ % B Approved a or: Date �l/� By: _- _ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green S $� —Dept of Safety & Snspwnons � 17-AUG-0B ConWct person 8 Phone: Rachel Tiemey 266-8710 Must Be on Council Agen Doc. Type: RESOLUTION E-0ocume� Requited: Y Document ContaM: Julie Kraus ■�/ Assign Number For Routing Order ConWCt Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3058318 0 t of Safe & Ins ections 1 �t ofSafety & Iusp_ections Depazmient Daector I 2 " Attorne 3 or`s Office Ms or/Assisfant 4 ouncil 5 Clerk CS Clerk Approval of the attached resolution to take adverse action against the Cigazette/Tobacco license held by Akbac Saleem Abdul-Ahad d/b/a Meal Ticket Foods (License ID#20080000104) for the premises located at I 168 Selby Avenue in Saint Paul. Planning Commission �, Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm ever been a ciry employee? Yes No 3. Does this personffirm possess a skili not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to pay the $200.00 matrizc penalry imposed by City Council on May 28, 2008 (CF #Q8-559). After notification, licensee did not respond ot the No6ce of Intent to Suspend License. AdvanWges IfApproved: License suspension DisadvanWges IfApproved: None Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Ezplain) Activity Number: CosURevenue Budgeted: August 17, 20Q8 1:14 PM Page 1 OFFICE OF TEIE CITY ATTORNEY dohn J. Choi, Cify Attomey n R SAINi PAUL � IIAAR CITY OF SAINT PAUL Christopher8. Coleman, Mayor CiNf� OM510q 400 City Hal! 15 West Ke(lagg BNd. Saint Paul, Mnneso6 55>02 Telephone: 65> 266-8790 Facsimife: 651 298-5619 7uly 14, 2008 NOTICE OF INTENT TO SUSPEND LICENSE Akbar Saleem Abdul-Ahad Mea1 Ticket Foods 1168 Selby Avenue St. Paul, MN 55104 RE: Cigazette/Tobacco license held by Akbar Saleem Abdul-Ahad d/b/a Meal Ticket Foods for the premises located at 1168 Selby Avenue in Saint Faul License ID #20080000104 Deaz Mr. Abdul-Ahad: The Department of Safety and Inspections (DSn has recommended suspension of the CigazettefTobacco license held by Akbar Saleem Abdul-Ahad dlbla Mea1 Ticket Foods for the premises located at 1168 Selby Avenue in Saint Paul. The basis for the recommendation is as foliows: On June 17, 2008, you were sent an IlVIPOSITION OF F1NE letter from the Department of Safety and Inspections requesting payment of the $200.00 penalty imposed by City Council on May 28, 2008, (CF #08-559). The penalty was iraposed for the sale of tobacco products to a minor on March 20, 2008. You were given until June 27, 2008, to submit the payment, but as of today's date the $200.00 penalty has not been paid. At this time, you have three options on how to proceed: You can pay the recommended $200.00 penalty. If this is your choice, you will need to send your payment to the Deparfinent of Safety and Inspections at 8 Fourlh Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Friday, July 25, 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 a waiver of the hearing to which you are entitled. AA-ADA-EEO Employer Meal Ticket Foods July 14, 2008 Page 2 Ifyou wis3i to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul Ciiy Council, you wi11 need to send me a letter with a statement aduutiang the facts and requesGing a public hearing. VJe will need to receive your letter by Friday, July 25, 2008. The matCer will then be scheduled before the Ciry Couneil for a public hearing to determine whether to suspend your license. You will have an opportuuity to appear before the Council and make a statement on your own behaif 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 appeaz and present witnesses, evidence and aross-examiue each other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Friday, July 25, 2008, and I will take the necessary steps to schedule the admiuistrative hearing. If you have not contacted me by that date, I will assume that you do not contest the suspension of your license. In that case, the matter will be placed on the Council's Consent Agenda for approvai of the recommended penalty. If you haue questions about these options, please feel free to contact me at 266-871Q. Sincerely, �— `:/�' � n I � � �w�µ�� �t/�'N� Rachel Tierney J Assistant City Attomey ca Christine Rozek, Deputy Director of DSI Akbaz Saleem Abdul-Ahad, 2626 Cedar Avenue So, Minneapolis, MN 55407 Sarah Kidwell, Executive D'uector, Lexington-Hauiline Community Council 1221 Mazshall Avenue, St. Paul, MN 55104 AA-AllA-EEO Empioyer ,_ . �. . DEPARTMENT OF SAFETY AND INSPEC110NS Bob Kesslv, Director �� , rp F�— Chrismpher B. Calernan, Mayor 8 Frnvth St E, Suite 200 Saint Pau[, Minnesata SSIOI-1024 Facsimr7e: 651-266-9124 Web: www.stpm�Zgov/dyi June 17, 2008 Il1�OSI'TION OF FINE s _ ,�-_' . � ';; Akbar Saleem Abdul-r�l�ad Meai Ticket Foods 1168 Selby Avenue Saint Paul, MN 55104 DearNlr. Abdul-Ahad: ��I��' j �< ���� ��� ��������� Enclosed is a copy of City Council Resolution Number 08-559 which imposes a fine for the following violation: Sale of tobacco products to a minor on March 20, 2008. The fine was approved and ordered by the Saint Paul City Council in final written form at the Council's regular meeting on May 28, 2008. The effect of this nofice is a fine in the amount of $200.00 is due for the above mentioned offense which is payable no later than the close ofbusiness (4:30 p.m.) on Friday, June 27 2008. Please call me at 651 266-9108 if you have questions regardang this matter. Sincerely, �?��� � �''�`"`� Christine A. Rozek Deputy Director CAR/lab enclosure cc: Western District Commander-SPPD Bob Kessler, Director-ASI 7ulie Kraus, Lega1 Assistant Kris Schweinler, Senior License Inspector AA-ADA-EEO Employer �5I2fl1-2008�14:05 FA�K 65126685� a SAINT PAUI CITY COUHCZL �jOD9J018 I � �OIILCjI r'lle # �sCeCII $)IEet #���� 0 � • � 1 VY�iERF.�43, adverse action was taken against the Ci�arette/T'ohacco license heid by Akbaz Saleem 2 Abdu1-Ahad d!b/a Meat Ticket Foods (License ID �#20080000104) for the premises located at 1 z 68 Seliry 3 Avenue ia Saint pa� by Notice af Violation dated ?,,pri123, 2008, a3leging Iicensee sold tobacco prodacts 4 to a minor on Mam.h 20, 2008, in violation of NTian. Stat� §604.685 and Saint Paul I.egislative Code 5 §324.07; and � WHER�AS, licensee did not respond to the Notice of Violation to coxltest the aIlegation or submit 8 the $240.40 ma�ix penatty� and 9 14 �'HEREAS, the Notice of Viola4on stated that if the licensee failed to contest the aliagarion or 11 submit the $2p0.00 matrix penaity by Maq 2, 2008, tfiat the matter wouId be placed on the cansent agenda 12 to impose the recommended penalty; now, therefore, be it 13 14 RESOLVEb, that Akbar Salee� Abdu1-Ahad d/b/a Meal Ticket Foods is hereby order to pay a 1 S matrix penait�• of $200.00 for the sale of tobacco products to a minor on March 20, 2008. Payment of such 16 penalty sha11 be made w9thin thiz{y days of the date of the adogtiotl of this resolution. �e9uested by Deparrment u� � Approvet] by May¢C: Date By: � cS.1 �y' �`7 {eO.c 6� Form roved by �ity Attomey . �� �� � I4 n Form App o h May , for Su i•' t unc'1 By: Adopted by Council: Aate �j� ?� �� Adoption Cezcified yy Covncil Sa�etazy STATE OF MiNNESOTA) ) ss. AFFIDAVIT OF SEI2VICE BY U.S. MAIL COUNTY OF RAMSEY ) 7ulie Kraus, being first duly sworn, deposes and says that on the 14� day of July, she served the attached NOTTCE OF INTENT TO SUSPEND LICENSE by placing a true and conect copy thereof in an envelope addressed as follows: Akbar Saleem Abdul-Ahad Meal Ticket Foods 1168 Selby Avenue St. Paul, MN 55104 Akbar Saleem Abdul-Ahad 2626 Cedaz Avenue South Mimieapolis, MN 55407 Sarah Kidwell, Executive Director Lexington-Haznline Coxnmunity Council 1221 Mazshail Avenue St. Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. ,� Julie Kraus Subscribed and sworn to before me this 14`� day 7uly, 2008 � No y Public RtTA 1A. BossARD tDTARY PtIBLIC • MIM�SOTA MY COMh�SS70N pCPtRES 1AN. 31, 20 1 0