10-20WITHDRAWN 1/06/10 Council ]F�le # �0-20
Green Sheet # )� � (C
RESOLUTION
OF SAtAI�-�AUL, MINNESOTA
Presented by
�
1 WI�REAS, dverse action was taken against the Cigarette/Tobacco license held by Durgham
2 Aljashame d/b/a Mary d Supermazket (License ID#20090004 1 8 6) for the premises located at 444
3 Maryland Avenue West i aint Paul, by Notice of Violation dated November 25, 2009, alleging that on
4 November 13, 2009, a clerk the licensee's establishment sold tobacco products to a minor in violation of
5 Minn. Stat. §609.685 and Saint aul L,egislative Code §324.07; and
6 '�
7 WHEREAS, per Saint Paull�gislative Code §324.11 (b) (1), the licensing office recommended a
8 $200.00 matrix penalty; and `\
9 'z
10 WHEREAS, licensee did not respolld to the Notice of Violation to pay the $200.00 matrix penalty
11 or request a hearing; and
12
13 WHEREAS, the Notice of Violauon statec�,that if the licensee failed to pay the $200.00 matrix
14 penalty or request a heazing by December 7, 2009, t�t the matter would be placed on the consent agenda
15 to impose the recommended penalty; now, therefore, b it
16
17 RESOLVED, that Durgham Aljashame d/b/a Mary d Supermarket is hereby ordered to pay a
18 matrix penalty of $200.00 for the sale of tobacco products to minor on November 13, 2009 in violation of
19 Minn. Stat. §609.685 and Saint Paul I.egislaUve Code §324.07. Payment of such penalty shall be made
20 within thirty days of the date of the adoption of this resolution. �'*.,
Requested by Depaztrnent of:
Adoption Cer[ified by Council Secretary
By:
Appxoved by Mayor: Date
�
Form Approved by City
BY� 7/tJu'r.�
Form A ove Ma for Su i sion t Council
By:
�
Adopted by Council: Da[e
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
; DepartmenH�ce/Councii: � Date Initiated: ��
S � _Dept.ofSafety&Inspections ;„oE�2oo9 ' Green Sheet NO: 3092376
, Contact Person & Phone:
VirQinia D. Palmer
', 266-8710
�
Assign
Number
For
Routing
Order
0
i
2
3
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Department Director '
� (Sri Attomev '
Mayor/Assistant
i
Cih C7erk i
� Must Be on Counci1 Agenda by
� 06-JAN-10 ( (` � A { s�
� Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact: Julie Kraus
Contact Phone: 266-8776
Total # of Signature Pages _(Clip All Locations for Signature)
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Approval of the attached resolution to take adverse action against the Cigazette/Tobacco license held by Durgham Aljashame d/b/a
Maryland Supemazket (Licnese ID#2009000415� for the premises located at 444 Maryland Avenue West in Sain[ Paul.
Recommendations� Approve (A) or Rejed (R):
Planning Commission
qB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
7. 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 personffirrn possess a skill not normally possessed by any
current city employee?
Yes No
Explain ali 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 to a minor in violation of Minn. Stak Section 609.685 and Saint Paul
Legislative Code Section 324.07. After notificaiton, lioensee did not respond to the Notice of Violation.
Advantages If Approved:
Imposition of $200.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financiai Information:
(Explain)
CosURevenue Budgeied:
Activity Number;
December 17, 2009 11:06 AM Page 1
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SAIHi
PAUL
�
A1111A
CITY OF SAINT PAUL
Chnsrophe�B. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
John 1 Choi, QryAnomey
Telephone: 65! 266-8710
Fucsimile: 65] 298-5619
November 25, 2009
Crv+l Division
400 GTy Hall
15 West Kellogg Blvd
Saint Paui, Minnesot¢ 55102
NOTICE OF VIOLATION
Durgham Aljashame
Maryland Supermazket
444 Mazyland Avenue West
St. Paul, MN 55117
RE: Cigarette/Tobacco license held by Durgham Aljashame d16/a Maryland Supermarket for
the premises located at 444 Maryland Avenue West in Saint Paul
License ID #20090004 1 8 6
Dear Durgham Aljashame:
The Department of Safety and Inspections (DSI) has recommended adverse action
against the Cigazette/Tobacco license held by Durgham Aljashame d/b/a Maryland Supermazket
for the premises located at 444 Mazyland Avenue West in Saint Paul. The basis for the
recommendation is as follows:
On November 13, 2009, a tobacco compliance check was conducted
at Maryland Supermarket located at 444 Maryland Avenue West� A
seventeen year old male entered and asked to buy cigarettes. He was
asked to show his identification, and did so. It correctly stated his
date of birth, which indicated he was underage. Nevertheless, the
clerk soid him a package of Marlboro 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 Legislative Code §324.11 (b) (1) the licensing office will recommend a$200.00
matrix penalty.
Affirmative Action Equal Oppoftunity Employer
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Maryland Supermarket
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
should make payment direcfly to the Department of Safety and Inspections, at 375
Iackson 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
are 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 wili 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 hearing to determine whether to impose the $200.00 matrix penalty. Xou
wil] have an opportunity to appear before the Counci] 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 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, piease let 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, I 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 chazged 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,
�a����
Virgini D. Palmer
Assistant City Attomey
P�� C ��)
cc: Christine Rozek, Deputy Director of DSI
Durgham Aljashame, 1280 Norton Avenue, Fridley, MN 55432
Kerry Antrim, Exec. Director, District 6 Planning Council, 213 Front Avenue,
St. Paul, MN 55117-5324
STATE OF MINNESOTF'
, �s.
COUNTY OF RAMSEY )
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AFFIDAVIT OF SE. . ICE 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:
Durgham Aljashame
Mazyland Supermazket
444 Maryland Avenue West
St. Paul, MN 55117
Durgham Aljashame
1280 Norton Avenue
Fridley, MN 55432
Kerry Antrim, Exec. Director
District 6 Planning Council
213 Front Avenue
St. Paul, MN 55117-5324
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
1
Julie aus
Subscribed and sworn to before me
this �S``��day of November, 2009
�.,.oc+� Nr � �x�-G�-��-�-
Notary Public
--�
m ��R PSEilC
JCPlRES A 3 5 ' ��42ra I
�_'
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MINNESOTA STATUTES 2009 609.685
649.685 SAI.E OF TOBACCO TO CHILDREN.
5ubdivision ]. Definitions. For the purposes of this section. the following terms shall have
the meanings respectively ascribed to them in this section.
(a) "Tobacco" means cigarettes; ciaars; cheroots; stogies; perique; granulated, plug cut,
crimp cut. ready rubbed, and other smoking tobacco; snuff: snuft 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. 1 a. Penalty to selL (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 tobacco 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 idei�tiflcation to misrepresent the person's age, is guilty of a misdemeanor.
Subd. 3. Petty misdemeanor. Except as otherwise 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 petty misdemeanor.
Subd. 4. Effect on local ordinances. Nothing in subdivisions I to 3 shall supersede or
preclude the continuation or adoption of an}� local ordinance which provides for more stringent
regulation of the subject matter in subdivisions 1 to 3.
Subd. 5. Exceptions. (a) Notwithstanding 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 culwral 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.
Cop�nght � 2009 by the Recisor of Statutes. State ot'Minnes•ota. All Rielns Reserved.
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2 MINNESOTq STATUTES 2009 609.685
(b) The penalties in this section do not apply to a person under the age of 18 years �n�ho
purchases or attempts to purchase tobacco ortobacco-related devices while underthe direct
supervision of a responsible adult for training, education, research, or enforcement purposes.
Subd. 6. Seizure of false idenrification. 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
form of identification has been altered or falsified ar is being used to violate any la�a�. A retailer
that seizes a fonn o£ identification as authorized under this subdi��ision shall deliver it to a law
enforcement agency wit'tiin 24 hours of seizing it.
History: 19h3 c 753 art 1 s 609.685; 1981 c 2}8 s 1,2; 198b c 352 s-1, 1989 c 290 m�t 3
s 33,34; 1992 c 588 s 1; 1993 c 224 ar1 9 s dd,�5; 199� c 636 art 2 s dd; 1999 c 139 art 4 s
2: 2000 c 472 s 5-9
Copyright J 2009 b} the Revisnr of' Statutes_ State of Minnesota. AO Rights Rese�ved
Chapter 324. Tobacco
Sec. 324.07. Sales prohibited.
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Page 1 of I
(a) No person shaff sefl 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 shall sell or dispense cigarette paper or cigarette wrappers from a vending
machine or a motor vehicle. No person shaN 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.�7; 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.
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Page ] of 2
(a) Purpose. The purpose of this section is to establish a standard by which the city councii
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 folfows:
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 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, uniess 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 wiii 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 �rst appearance of the same licensee for a violation under this
chapter, the current appeara�ce 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 councif 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 vio�ation last in time at the first appearance, and the date of the
violation first in time at any subsequent appearance.
Chapter 324. Tobacco
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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)