10-19Council File # 1�0-19�
Green Sheet #__�SZ a� /
�
Presented by
�ITY (
J �it� 1
MINNESOTA
��
1 WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Xang Vang
2 d/b/a Highlight AA Market (License ID#20090003688) for the premises located at 945 Rice Street, Unit D
3 in Saint Paul, by Notice of Violation dated November 25, 2009, alleging that on November 13, 2009, a
4 clerk at the licensee's establishment sold tobacco products to a minor in violation of Minn. Stat. §609.685
5 and Saint Paul I.egislative Code §324.07; and
7 WHEREAS, per Saint Paul I.egislative Code §324.11 (b) (1), the licensing office recommended a
8 $200.00 matrix penalty; and
9
10 WHEREAS, licensee did not respond to the Notice of Violation to pay the $200.00 matrix penalty
11 or request a hearing; and
12
13 WHEREAS, the Notice of Violation stated that if the licensee failed to pay the $200.00 matrix
14 penalty or request a hearing by December 7, 2009, that the matter would be placed on the consent agenda
15 to impose the recommended penalty; now, therefore, be it
16
17 RESOLVED, that Xang Vang d/b/a Highlight AA Market is hereby ordered to pay a matrix penalty
18 of $200.00 for the sale of tobacco products to a minor on November 13, 2009 in violation of Minn. Stat.
19 §609.685 and Saint Paul I.egislative Code §324.07. Payment of such penalty shall be made within thirty
20 days of the date of the adoption of this resolution.
Requested by Department of:
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Adoption Certified b Counci ecretary
By:
Approve � ate � 1 7iD�0
By: �
RESOLUTION
Form Approved y City Attorney/�
BY� // � �; [�� ..vi,
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Form App ed b Ma o for Submiss� n to C ncil
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BY� � ,� 1����i�
Adopted by Council: Date j//��/J
10-19
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
SI — Dept. of Safety & Inspections ! �� DEC 2009
i Contact Person & Phone: i �
� Virqinia D. Palmer �
� 266-8710
� Assign
� Must Be on Council Agenda by (D fe): j Number
� O6-JAN-10 � �� �q ,�...� ; For
f , Routing
� Doa Type: RESOLUTION i Order
E-Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 266-8776
Total # of Signature Pages _(Clip All Locations for Signature)
Green Sheet NO: 3092357
0
7
2
3
4
5
�
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Approval of the at[ached resolution to take adverse action against ihe Cigazette/Tobacco liceuse held by Xang Vang d/b/a Highlight
AA Mazket (License ID#20090003688) for the premises located at 945 Rice Sireet, Unit D in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
_ CIB Commfttee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any
current city employee�
Yes No
Explain alFyes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On November 13, 2009, licensee sold tobacco products to a minor in violation of Minn. Stat. Section 609.685 and Saint Paul
Legislative Code Section 324.07. After notificaiton, licensee did not respond to the Notice of Violation.
Advantages If Approved:
Imposition of $200.00 matrix penalty.
Disadvantages If Approved:
DisadvanWges If NotApproved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
December 17, 2009 10:59 AM Page 1
10-19
OFFICE OF Tf� CITY ATTORNEY
John l Choa, CiryAttomey
Sa[NT
PAO1 CITY OF SAINT PAUL CrvdDimseon
1 ChnstopherB.Colemar,Mayor 400CiryHoll Te(ephone:657266-8710
IS West Kellogg Blvd Facs�mile 6A 298-5619
f�IT Sainf Paul, Mirtnesota 55102
AAAA
November 25, 2009
NOTICE OF VIOLATION
Xang Vang
Highlight AA Market
945 Rice Street, Unit D
St. Paul, MN 55117
RE: Cigarette/Tobacco license held by Xang Vang d/b/a Highlight AA Market for the
premises located at 945 Rice Street, Unit D in Saint Paul
License ID #20090003688
Deaz Xang Vang:
The Department of Safety and Inspections (DSn has recommended adverse action
against the Cigarette/Tobacco license held by Xang Vang d/b/a Highlight AA Mazket for the
premises located at 945 Rice Street, Unit D in Saint Paul. The basis foz the recommendation is
as follows:
On November 13, 2009, a tobacco compliance check was conducted at
Highlight AA Market located at 945 Rice Street, Unit D. 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 Menthol
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 Paul I,egislative Code §32411 (b) (1) the licensing office will recommend a$200.00
matrix penalty.
Affirmative Action Equal Opportunity Employer
10-19
Higlilight AA Market
November 25, 2009
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
shouid make payment direcdy 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 Chrisline
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 hearing to which you
aze entitled.
2. If you wish to admit the facts but contest the penalty, you may have a public heazing
before the Saint Paul City Council, you will need to send me a letter with a statement
admitting the facts and requesting a public heazing. 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 hearing to determine whether to impose the $200.00 matrix penalty. You
will have an opporlunity to appear before the Council and make a statement on your own
behalf.
3. If you dispute the above facts, you may request a hearing before an Administrative Law
Judge. At that heazing both you and the City will be able to appeaz 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 let me know by Monday,
December 7, 2009, and I will take the necessary steps to schedule the administrative
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 matriar 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 ]icense matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
V �Y���� SJ•
Virgima D. Palmer
Assistant City Attorney
P�'� (�-�-�
ca Christine Rozek, Deputy Director of DSI
Xang Vang, 5316-82" Avenue North, Brooklyn Pazk, MN 55443
Kerry Antrim, Exec. Director, District 6 Pianning Council, 213 Front Avenue,
St. Paul, MN 55117-5324
Affirmative Action Equal Opportunity Employer
STATE OF MINNESOT "'
� ss.
COUNTY OF RAMSEY )
10-19
AFFIDAVIT OF SB._ dICE BY U.S. MAIL
Julie Kraus, being fust 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 foilows:
XangVang
Highlight AA Market
945 Rice Street, Unit D
St. Paul, MN 55117
Xang Vang
5316-82" Avenue North
Brooklyn Pazk, MN 55443
Keny Antrim, Exec. Director
District 6 Planning Council
213 Front Avenue
St. Paul, MN 55 1 1 7-5324
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Juh Kraus
Subscribed and swom to before me
this �_�iay of November, 2009
��G4�GU"L ���u,vt.� ��-� �
Notary Public u
�;:�y Susar, Marie Janisch-Warn�
�ot�KVau en
BL'C • MIhiNESOTA
�XPtRES At�'.3tI�d�2
10-19
MINNESOTA STATUTES 2009 609.685
609.685 SALE OF TOBACCO TO CHILDREN.
Subdivision 1. Definitions. For the purposes of this section, the followin� terms shall have
the meanings respectivel�- ascribed to them in this section.
(a) "Tobaccd' means ci�arettes; cigars: cheroots; stogies; perique; granulated, plu� 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 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. la. 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) It 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
age as described in section 340A.503, subdivision 6.
Subd. 2. Other offenses. (a) Whoever furnishes tobacc� or tobacco-related devices to a
person under the age of 18 years is guilty 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 age 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 persov's age, is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor. Except as othe��wise provided in subdivision 2, whoever
possesses, smokes, chews, or otherwise ingests, purchases, or attempts to purchase tobacco or
tobacco related devices and is under the age of 18 years is guilty of a peth� misdemeanor.
Subd. 4. Effect on locat 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. Exceptions. (a) Notwithstandine subdivision 2, an Indian may furoish tobacco to an
]ndian under the age of 18 years if the tobacco is furnished as part of a traditional Indian spiritual
or cultural ceremony. For putposes 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 � 2009 6} the Revisor of Statutes. State of'Minnesota. All Rielits Resecoed.
10-19
2 MINNESOTA STATUTES 2009 609.68�
(b) The penalties in this section do not apply to a person under the age of 18 years who
purchases or attempts to purchase tobacco or tobacco-related devices while under tYie direct
supervision of a responsible adult for training, education. research, or enforcement purposes.
Subd. 6. Seizure of false identificaHon. A retailer may seize a form of identification listed
in section 340A.503,subdivision 6,if the retailer has reasonable �roundsto believe thatthe
form of identification has been altered or falsified or is being used to violate any law. A retai]er
that seizes a fonn 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 art 1 s 609.68.5, 1981 c 218 s 1,2: 1986 c 352 s d; 1989 c 290 a��t 3
s 33,31; 1992 c 588 s 1; 1993 c 224 arI 9 s 44,45; 1994 c 636 ar7 2 s 4�; 1999 c 139 art 4 s
2; 2000 c 472 s.i-9
Copyri�hl � 2009 b} the Re�isor of Statnles. SSate of Minnesota. All Rights Reseroed.
Chapter 324. Tobacco
Sec. 324.07. Sales prohibited.
10-19
Page i of l
(a) No person shall sell a cigarette outside its origi�al 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 shall sell 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 shall subject the licensee to provisions of section 310 and
section 324.10 of the Saint Paul 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)
Chapter 324. Tobacco
Sec. 324.11. Presumptive penalties.
10
Page I 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
Violation Appearance
1st 2nd 3rd 4th
(1) Sale of tobacco to a $200.00 $400.00 30-day Revocation
minor fine fine suspension
(c) Fines payable wifhout hearing. Notwithstanding tfie provisions of section 310.05(f), 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 wifl be considered
an "appearance" for the purpose of determining presumptive penalties for subsequent
violations.
(d) Computation of time.
(1) If a licensee violates this chaQter 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 violetion 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 c�rrent
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 sha11 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
shell be the date of the violation last in time at the first appearance, and the date of the
violation firsi in time at any subsequent appearance.
Chapter 324. Tobacco
10
Page 2 of 2
(Ord. No. 17733, § 3, 5-8-90; C.F. No. 94-341, § 11, 4-13-94; C.F. No. 9�-314, § 1, 4-20-97; C.F. No.
02-898, § 1, 11-6-02; C.F. No. 07-149, § 82, 3-28-07)