09-790Council File # 09-790
Green Sheet #�
RESOLUTION
Presented
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1 WHERE�erse action was taken against all licenses held by The American Dream Builders,
2 Inc. d/b!a Christine Liquors (License ID#0021293) for the premises located at 111 Cesar Chavez Street in
3 Saint Paul by Notice of Violation dated June 17, 2009, alleging on April 3Q 2009, during an inspection of
4 the inside of the establishment, a DSI Inspector observed the licensee smoking in violation of the
5 Minnesota Clean Indoor Act (§144.414, subd 1); and
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7 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (2), the licensing office recommended a
8 $500.00 matrix penalty; and
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10 WHEREAS, the licensee did not respond to the Notice of Violation to pay the $500.00 matrix
11 penalty or request a hearing; and
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WHEREAS, tbe Notice of Violation stated that if the licensee failed to pay the $500.00 matrix
penalty or request a hearing by June 29, 2009, that the matter would be placed on the consent agenda to
impose the recommended penalty; now, therefore, be it
RESOLVED, that The American Dream Builders, Inc. d/b/a Christine Liquors is hereby ordered to
pay the $500.00 matrix penalty for smoking in his establishment in violation of the Minnesota Clean
Indoor Act (§ 144.414, subd 1). Payment of such penalty shall be made within thirty days of the date of the
adoption of this resolution.
Request d by Depaztment of:
L � � A01i [ /
By: ,� . , �� � �1 i�ia,`.0
Form by CiTy Attorney
BY� ���/if.�t.A'�� ciC.�—^
Adoption Certified by Counci Secretary Form App o�ve Ma for Su�b sio�n � Council
BY� � BY� �t' �-� �1/L x�iLn°A'--�
Approved by Mayor.0 Date ���(, �t) ry
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BY� -�CC,�e= .�P,t��
Adopted by Council: Date �����jj6f
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09-790
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartrnentlOffiee/Council: Date Initiated:
I S� _Dept.ofSafety8lnspections 09-JUL-09 Green Sheet NO: 3072282
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� � �� � �� � Deparhnent Sent To Person InitiailDate
Contact Person & Phone: ,
0 � e LofSafe &Ins 'ous
� Rachel Tiemev ( I � �
I 266-8710 I 1�eotofSaferi&Insoeclions Deuartm� entDir¢ctoi � ,
Assign 2 Cl'ryAttomev � ----�
I Must Be on Council F�qenda by Date): � Number I
� 2 �p� ���� I For 3�YIayor•s Of6ce Mavor/Assistaut I i
� i Routing 4 ouncil �----�
� Doa Type: RESOLUTION ( Order 5 iry Clerk I GStv Clerk �
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E-Document Required: Y
Document Contact: Julie Kraus '
I
Contad Phone: 26E8776
Total # of Signature Pages _(Clip All Lowtions for Signature)
AMion Requested:
Approval of the attached resolution to take adverse action against all licenses held by The American Dream Builders, Inc. d/b/a I
Christine Liquors (License ID#0021293) fo rthe premises located at 111 Cesaz Chavez Street in Saint PauL I
I
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Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
F�cpiain all yes answers on separate sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
During an inspection of the licensed premises on Apri130, 2009, a DSI Inspector observed the licensee smoking a cigazette in
violation of the Minnesota Clean Indoor Act (Section 144.414, subd. 1). After notification, the licensee did not respond to the No6ce
of Violation.
Advantages If Approved:
Imposition of the $500.00 matrix penalty.
Disadvantages If Approved:
I
Disadvantages If Not Approved:
Total Amount of
Trensaction: CostlRevenue Budgeted:
Funding Source: Activiiy Number:
Financial Information:
(Explain)
July 9, 2009 3.24 PM Page 1
09-790
SAINT
PAUL
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AAAA
CITY OF SAINT PAUL
Chnstopher8. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
John J. Choi, City Attomey
Telephone: 651 266-87 7 0
Facsimile: 65129&5619
June 17, 2009
Civil Divisron
400 Cify HaII
15 West Kellogg Bivd.
Sarnt Paul, Minnesofa 55102
NOTICE OF VIOLATION
Michael VanderHeyden
Christine's Liquors
111 Cesaz Chavez Street
St. Paul, MN 55107
RE: All licenses held by The American Dream Builders, Inc. d/b/a Christine Liquors for the premises
located atll] Cesar Chavez Streetin Saint Paul
License ID #:0021293
Dear Mr. Vander Heyden:
The Department of Safety and Inspecuons (DSn has recommended adverse action against all licenses held
by The American Dream Builders, Inc. d/b/a Christine Liquors for the premises located at I 11 Cesar Chavez Street
in Saint Paul. The basis for the recommendation is as follows:
On Apri130, 2009, a DSI Inspector and a member of the St. Paul Police Department came
to your establishment due to the fact that you had some issues during Cinco de Mayo events
in the past. As they entered the store, they noticed you were smoking a cigarette. They told
you that you were not a►lowed to smoke on the licensed premises and you put the cigarette
out. It was evident that you had been smoking prior to their arrival because there were
several other cigarette butts in the ash tray.
This is a violation of the Minnesota Clean Indoor Air Act (§144.414, subd, l) which states:
Smoking shall not be perinitted in and no person sha11 smnke in a public Flace, at a public
meeting, in a place of employment, or in public transportation, except as provided in this
section or section I94.4I67."
As a result of this violation, the licensing office will recommend a$500.00 matrix penalty.
At this time you have three options on how to proceed:
You can pay the $500.00 matrix penalty. If this is your choice, you should send the payment directly to the
Department of Safety and Inspections, at 375 Iackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no
later than Monday, June 29, 2009. Information should be directed to the attenfion of Chrisdne Rozek. A
self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penalty will be
considered to be a waiver of the hearing to which you are entitled.
AA-ADA-EEO Emnlover
09-790
Christine Liquors
June 17, 2009
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 facts and requesring a public
hearing. We wil] need to receive your letter by Monday, June 29, 2009. The matter will then be
scheduled before the City Council for a public hearing to determine whether to impose the $500.00 matrix
penalty. You will have an opportunity 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 abie to appeaz and present witnesses, evidence and cross-examine
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 Monday, June 29, 2009, and I will take the necessary steps to schedule the
administrative hearing.
If you have not contacted me by that date, I will assume that you do not contest the imposition of
the $500.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for
approval of the recommended penalty.
If you have any questions, feei free to contact me at 266-8710.
Sincerely,
"Z��C,.,� 1 �-,�-
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Michael Vander Heyden, 694 Winslow Avenue, St. Paul, MN 55107
Monica Carbajal, Community Organizer, West Side Citizens Organization
127 Winifred Street West, St. Paul, MN 55107-2128
AA-ADA-EEO Emnlover
STATE OF MINNESOTF
, �s.
COIJNTY OF RAMSEY )
09-790
AFFIDAVIT OF SE� ICE BY U.S. MAIL
Julie Kraus, being first duly swom, deposes and says that on the � day of June, she
served the attached NOTICE OF VIOLATION placing a true and conect copy thereof in an
envelope addressed as follows:
Michael Vander Heyden
Christine's Liquors
111 Cesar Chavez Street
St. Paul, MN 55107
Michael Vander Heyden
694 Winslow Avenue
St. Paul, MN 55107
Monica Carbajal, Community Organizer
West Side Citizens Organization
127 Winifred Street West
St. Paul, MN 55107-2128
(which is the ]ast known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
.
F
Julie Kraus
Subscribed and sworn to before me
this j�7 �-day of June, 2009
t �L��� '/s! ✓��
No y Public
RITA M. BOSSARD
NOTARY PUBLIC-MINNESOTA
MY COMMISSION
EXPIRESJAN.37.207 0 ¢
wa
Chapter 310. Uniform Licen °rocedures
09-790
Page 1 of 3
(m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city council determines the amount of fines, the tength of ticense
suspensions and the propriety of revocations, and shall apply to all license types, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be
given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A
may exceed the maximum fine outlined below due to multiple violations in one (1) appearance.
All penalty recommendations for chapter 331A violations shall be based on the food penalty
guideline referred to in chapter 331A. These penalties are presumed to be appropriate for every
case; however the council may deviate therefrom i� an individual case where the council finds
and determines that there exist substantial and compelling reasons making it more appropriate
to do so. When deviating from these standards, the council shall provide written reasons that
specify why the penalty selected was more appropriate.
TABLE INSET:
Type of Violation Appearance
1 st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 000.00 fine Revocation
placed on the license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fine $1,000.00 and 10-day Revocation
to the licensed activity fine suspension
(3) Violation of provisions of
the legislative code relating $2,000.00 fine
to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation
other than violations of the fine suspension
food code
(4) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension
DSI inspector or police suspension
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�00.00 $1,500.00 suspension
employee
(6) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n!a
licensee or employee
(7) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(8) Failure to pay license Revocation
fees
(9) Critical violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
u�der331A
(i) Fines payable without hearing .
Chapter 310. Uniform Licens °rocedures
09-790
Page 2 of 3
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
-- making a first or second appearance before the �counci� may elect to pay the fine
to the Department of Safety and Inspections 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 which the licensee is entitled, and wili be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine will be considered to be a
waiver of the hearing to which the licensee is entitled, and will be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shall not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alleged and/or
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formal notice of hearing. The council in that case shall consider
the presumptive penalty for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penalties in the council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring
after the date of the notice of hearing that are brought to the attention of the city attorney
prior to the hearing date before an administrative law judge (or before the council in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and shall in that case be treated as though part of the "1st
Appearance." In all other cases, violations occurring after the date of the formal notice of
hearing shall be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shall apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall impose the presumptive penalty for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or violations that were the subject of the first or prior appearance.
However, non-critical violations of Chapter 331A shall not be counted as an
"appearance" before the Council in relation to any violation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) If a licensee appears before the council for any violation in paragraph (m)
where that violation has occurred within twelve (12) calendar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above or section 409.26, the current appearance shall be 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
Chapter 310. Uniform Licens 'rocedures
09-790
Page 3 of 3
for violations listed in paragraph (m) or section 409.26, and if said licensee again
appears before the council for a violation listed in paragraph (m), and if the
current violation occurs within eighteen (18) calendar months of the violation that
gave rise to the first appearance before the council, then the current appearance
shall be treated 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 listed in paragraph (m) or section 409.26, and if
said licensee again appears before the council for a violation contained in
paragraph (m), 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 for 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
(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.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
ficensed establishment that is refaied to a violation of the law or license
conditions shall be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shall be counted as a third appearance regardless of
how much time has passed since the first or second appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)
09-790
Subd. 3. Public meeting. "Public meeting" includes all meetings open to the public pursuant
to section 13D.01
Subd. 4. Smoking. "Smoking" means inhaling or eachaling smoke from any lighted cigar,
cigazette, pipe, or any other lighted tobacco or plant product. Smoking also includes carrying a
lighted cigaz, cigarette, pipe, or any other lighted tobacco or plant product intended for
inhalation.
Subd. 5. Public transportation. "Public transportation" means public means of
transportation, including light and commuter rail transit; buses; enclosed bus and transit stops;
taxis, vans, limousines, and other for-hire vehicles other than those being operated by the lessee;
and ticketing, boarding, and waiting areas in public transportation terminals.
History: 1975 c 211 s 3; 1992 c 576 s 1; 1994 c 520 s 1, 1998 c 397 art Il s 3; 1999 c 245
art 2 s 24; 2007 c 82 s 3-7
!�44:�I�1 PROHIBITIONS.
t� Su_U_divis3on_1: •Public places, places of employment, public transportarion, and public
meetings. Smoking shall not be pennitted in and no person shall smoke in a public place, at a
public meeting, in a place of employment, or in public transportation, except as provided in this
section or section 144.4167
Subd. 2. Day care premises. Smoking is prohibited in a day care center licensed under
Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day
care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its
hours of operation. The proprietor of a family home or group family day care provider must
disclose to parents or guudians of children cazed for on the premises if the proprietor permits
smoking outside of its hours of operation. Disclosure must include posting on the premises a
conspicuous written notice and orally informing pazents or guardians.
Subd. 3. Health care facilities and clinics. (a) Smoking is prohibited in any area of a
hospital, health caze clinic, doctor's office, licensed residential facility for children, or other
health care-related facility, except that a patient or resident in a nursing home, boarding care
faciliry, or licensed residential facility for adults may smoke in a designated sepazate, enclosed
room maintained in accordance with applicable state and federal laws.
(b) Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit
may be allowed in a separated well-ventilated area in the unit under a policy established by the
administrator of the program that allows the treating physician to approve smoking if, in the
opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with
treatment outweigh the negative impacts of smoking.
Subd. 4. Public transportation vehicles. Smoking is prohibited in public transportation
vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is
being used for personal use. For purposes of this subdivision, "personal use" means that the
public transportation vehicle is being used by the driver for private purposes and no for-hire
passengers are present. If a driver smokes under this subdivision, the driver must post a
conspicuous sign inside the vehicle to inform passengers.
Aistory: 1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s l; 1992 c 576
s 2, 1993 c 14 s 1; 1995 c 165 s 2, 1999 c 245 art 2 s 25; 1 Sp2003 c 14 art 7 s 41, 2007 c 82 s 8
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