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10-17CITY Presented by 1 WHEREA , adverse action was taken against the Cigazette/Tobacco license held by Piazza Mazket, 2 LLC d/b/a Piazza rket (License ID#20080001922) for the premises located at 512 Snelling Avenue 3 North in Saint Paul, Notice of Violation dated November 25, 2009, alleging that on November 13, 4 2009, a clerk at the lice ee's establishment sold tobacco products to a minor in violation of Minn. Stat. 5§609.685 and Saint Paul gislative Code §324.07; and 6 7 WHEREAS, per Saint aui L,egislative Code §324.11 (b) (1), the licensing office recommended a 8 $200.00 matrix penalty; and 9 10 WHEREAS, licensee did no espc 11 or request a hearing; and 12 13 WHEREAS, the Notice of Violati 14 penalty or request a hearing by December 15 to impose the recommended penalty; now 16 to the Notice of Violation to pay the $200.00 matrix penalty stated that if the licensee failed to pay the $200.00 matrvc 2009, that the matter would be placed on the consent agenda �refore, be it 17 RESOLVED, that Piazza Market, LLC /a Piazza Market is hereby ordered to pay a matrix 18 penalty of $200.00 for the sale of tobacco product to a minor on November 13, 2009 in violation of Minn. 19 Stat. §609.685 and Saint Paul I,egislative Code §32 07. Payment of such penalty shall be made within 20 thirty days of the date of the adoption of this resolutio . Yeas Nays Absent B ostrom Carter Harris Helgen Lanhy Stark Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: WITHDRAWN 1/06/10 CouncilFile# 10-1� Green Sheet # � r J �] RESOLUTION = SAWT PASJL, MINNESOTA °� by Departr�n[ of: � Form Approved,by City By: Form By: Council �0-17 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green heet i DepartmentlOfficelCounciL• ' Date initiated: �, S � _Dept.ofSafety8lnspec[ions �»aEC2009 ; Green Sheet NO: 3092377 � � Contact Person & Phone: � Virpinia D. Palmer 266-8710 ;� Must Be on Council/� enda a(Date� � 06JAN-10 � y �u 1 ', Doc. Type: RESOLUTION E-Document Requfred: Y Document Contact: Contact Phone: �► ° i 1 Assign � 2 Number ! 3 For ; Routing j 4 Order i, 5 �� Total # of Sig Pages _(Clip All L ocat i o n s f or Signature) Action Requested: Approval of the attached resolution to take adverse action against the Cigazette/Tobacw license held by Piazza Mazket, LLC d/b/a Piazza Mazket (License ID#20080001922) for the premises located at 512 Snelling Avenue Nor[h in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrads Must Answer the Following Questions: t. Has this persoNfirm ever worked under a contrect for this department? Yes No 2. Has this persoNfirtn ever been a city employee� Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Expiain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On November 13, 2009, the licensee sold tobacco products [o a minor in violation of Minn. Stat. Section 609.685 and Saint Paul Legislative Code SecHon 324.07. After notification licensee did not respond to the Notice of Violation. AdvanWges If Approved: Imposition of $200.00 mahix penalry. Disadvantages If Approved: DisadvanYages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explain) December 17, 2009 11:13 AM CostlRevenue Budgeted: Activity Number: Page 1 � 10-17 OFFICE OF TF� CI'I'Y ATTORNEY John I. Choq Ciry Anomey SAtNT PAUL CITY OF SAINT PALTL CivdDivuion � ChristopherB.Coleman,Mayor 400CiryHal[ Telepiwne�651266-8710 ISWestXelloggBlvd. Facsomik:651298-Sb19 AAAA Saint PauG Minnesom 55702 November 25, 2009 NOTICE OF VIOLATION Amanuel Sahle Piazza Mazket 512 Snelling Avenue North St. Paul, MN 55104 RE: Cigarette/Tobacco license held by Piazza Mazket, LLC d/b/a Piazza Mazket for the premises located at 512 Snelling Avenue North in Saint Paul License ID #20080001922 Dear Amanuel Sahle: The Department of Safety and Inspections (DSI) has recommended adverse action against the Cigarette/Tobacco license held by Piazza Market, LLC d/b/a Piazza Mazket for the premises located at 512 Snelling Avenue North in Saint Paul. The basis for the recommendation is as follows: On November 13, 2009, based on a compliant, a tobacco compliance check was conducted at Piazza Market located at 512 Snelling Avenue North. A seventeen year old male entered and asked to buy cigarettes. He was not asked to show his identification, which would have indicated he was underage. Nevertheless, the clerk sold him a package of Marlboro Light cigarettes. Sale of tobacco to an underage person is a violation of Minn. Stat. §609.685 and Saint Paul Legislative Code §324.07. This is your first violation for the sale of cigarettes to an underage person, therefore, per Saint Pau] I.egislative Code §324.11 (b) (1) the licensing office will recommend a$200.00 matrix penalty. Affirmative Action Equal Opportunity Employer io-i� Piazza Mazket November 25, 2Q09 Page 2 At this time you have three options on how to proceed: You can pay the recommended $200.00 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, December 7, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $200.00 matrix penalty will be considered to be a waiver of the heazing to which you aze entitled. 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 requesting a public hearing. We will need to receive your letter by Monday, December 7, 2009. The matter will then be scheduled before the City Council for a public heazing to determine whether to impose the $200.00 matrix penalty. You will have an opportunity to appear before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you may request a heazing 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 ]et me know by Monday, December 7, 2009, and I will take the necessazy steps to schedule the administrative hearing. If I have not heard from you by that date, d will assume that you do not contest the imposition of the $200.00 matrix penalty. In that case, the matter will be placed on the City Council 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 administrative penalty pursuant to Minn. Stat. §461.12, subd. 3. This is a sepazate action from this license matter. If you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, �! � Virginia Palmer Assistant City Attorney P��„ ���� cc: Christine Rozek, Deputy Director of DSI Amanue] Sahle, 1865-47` Street East, Inver Grove Heights, MN 55077 Jun-Li Wang, Community Organizer, Hamline Midway Coalition 1564 Lafond Avenue, St. Paul, MN 55104-1832 Affirmative Action Equal Opportunity Employer STATE OF MINNESOT ' ' � SS. COUNTY OF RAMSEY ) io-i� AFFIDAVIT OF SE__ JICE BY U.S. MAIL Julie Kraus, being first duly sworn, deposes and says that on the � day of November, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Amanuel Sahle Piazza Market 512 Snelling Avenue North St. Paul, MN 55104 Amanuel Sahle 1865-47�` Street East Inver Grove Heights, MN 55077 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 L,afond Avenue St. Paul, MN 55104-1832 (which is tt�e last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �. Ju ' Kraus Subscribed and sworn to before me this �S'` of November, 2009 i � > � �(iL't�-� av �lir�r-U Cw12e � Notary Public � ,,.. q Susan Marie Jsn :�ch-Wamer �`b � i�AY CC?R9�Ai5SION ' EXi'iR�S 3ASe.3i, 2012 10-17 MINNESOTA STATUTES 2009 609.685 609.685 SALE OF TOBACCO TO CHILDREN. Subdivision 1. Definitions. For the purposes of this section, the following terms shall have the meanings respectively ascribed to them in this section. (a) "Tobacco" means ci�arettes; ci�ars; 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 chewivg tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other tobacco-related devices. (b) "Tobacco-related devices" means cigarette papers or pipes for smoking. Subd. 1 a. Penalty to se1L (a) Whoever sells tobacco to a person under the age of 18 years 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 guilty of a gross misdemeanor. (b) ]t is an affirmative defense to a charge 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 ape as described in section 340A.503, subdivision 6. Subd. 2. Other offenses. (a) Whoever furnishes tobacco or tobacco-related devices to a person under the age of 18 years is gui]ty of a misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is guilty of a gross misdemeanor. (b) A person under the aae of 18 years who purchases or attempts to purchase tobacco or tobacco-related devices and who uses a driver's license, permit. Minnesota identification card, or any type of false identification to misrepresent the person's age, is guilty of a misdemeanor. Subd. 3. Periy misdemeanor. Except as otherwise provided in subdivision 2, whoever possesses, smokes, chews, or othe�tivise ingests, purchases, or attempts to purchase tobacco or tobacco related devices and is under the age of 18 years is guilty of a petty 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 of the subject matter in subdivisions 1 to 3. Subd. 5. Exceptions. (a) Notwithstandin� subdivision 2, an Indian may furnish tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12. Copyright J 2009 b) the Revisor of Statutes. Slate of Minnesota All Righ�s Reserved. 10-17 2 MINNESOTA STATUTES 2009 609.685 (b) T6e penalties in this section do not apply to a person under the age of 18 years who purchases or attemptsto purchase tobacco ortobacco-related devices while underthe direct supervision of a responsible adult for training, education, research, ar enforcement purposes. Subd. 6. Seizure of false identification. A retailer may seize a form of identification listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe that the fom� of identification has been altered or falsified or is being used to violate any law. A retailer that seizes a form of identification as authorized under this subdivision shall deliver it to a law enforcement agency within 24 hours of seizing it. History: 1963 c 753 a�7 1 s 609.685; 1981 c 218 s 1,2; 1986 c 3.52 s d; 1989 c 290 art 3 s 33,34; 1992 c 588 s 1; 1993 c 224 arl 9 s 44,45; 1994 c 636 art 2 s-14; 1999 c 139 art 4 s 2. 2000 c 472 s 5-9 Copynght z� 2009 by ihe Recisor of Sta[ulas. State of Minnesota. All Rights Reserved. Chapter 324. Tobacco Sec, 324.07. Sales prohibited. 1Q�g'� 1 of 1 (a) No person shall sell a cigarette outside its original packaging containing health warnings satisfying the requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes. (b) No person shali seli or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle. No person shall sell or dispense tobacco from a motor vehicle. (c) No person shall activate the remote control or provide tokens for a tobacco vending machine or sell tobacco to anyone under the age of eighteen (18). (d) Any violation of this chapter shalf subject the licensee to provisions of section 310 and section 324.10 of the Saint Paui 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, 4-20-97; C.F. No. 06-872, § 1, 10-11-06) http://libraryl.municode.com/4472/DocView/1 006 1/1/3 1 8/3 3 1?hilite=324; 10/8/2009 Chapter 324. Tobacco Sec. 324.11. Presumptive penalties. io-i� Page 1 of 2 (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 penalty selected was more appropriate. (b) Presumptive penalties for violations. Adverse penalties for violations or convictions shall be presumed as follows: TABLE INSET: Type of Appearance Violation 1st 2nd 3rd 4th (1) Sale of tobacco to a $200.00 $400.00 30-day Revocation minor fine fine suspension (c) Fines payable without hearing. Notwithstanding 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 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 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 (12) 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 penalty. (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 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 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 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. Chapter 324. Tobacco 10-17 Page 2 of 2 (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; C.F. No. 07-149, § 82, 3-28-07)