10-248Council File # �-
Green Sheet # �` 3�
Presented by
RESOLUTION ��
41NT�AUL, MINNESOTA
1 WHEREAS, adverse action was taken against the Cigarette/Tobacco license held by Asmed S. Cali
2 d/b/a L,ounge 280 (License ID#20090003176) for the premises located at 2418 University Avenue West in
3 Saint Paul, by Notice of Violation dated February 4, 2010, alleging that on December 18, 2009, a clerk at
4 the licensee's establishment sold tobacco products to a minor in violation of Minn. Stat. §609.685 and
5 Saint Paul I,egislative Code §324.07; and
6
7 WHEREAS, per Saint Paul I.egislative Code §324.11 (b) (1), the licensing office recommended a
8 $200.OQ 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 February 1 S, 201 Q that the matter would be placed on the consent agenda
15 to impose the recommended penalty; now, therefore, be it
16
17 RESOLVED, that Axmed S. Cali d/b/a L,ounge 280 is hereby ordered to pay a matrix penalty of
18 $200.00 for the sale of tobacco products to a minor on December 18, 2009 in violation of Minn. Stat.
19 §609.685 and Saint Paul Legislative Code §324.07. Payment of such penalty shall be made within thirty
20 days of the date of the adoption of this resolution.
Yeas Nays Absent
Bos[rom
Carter �%
Harris �
Helgen �
Lantry J
Stark �/
Thune �
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Adop[ed by Council: Date ��d���/�J
Adop[ion Certified by Cou il Secretary
BY� ��1��/./<<KSd2�
Approved a or: Date �.J���„�7���
T�
BY- � �' --��`
Requested by Depaztment of:
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Form Approved b City Attornay j
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By: ✓ G��'�- � 'v (.���.
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Form A pr ed y M r for ub ission t Council
By:
� Green Sheet Green
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Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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, DepartmentlOffice/Councii: �� Date Initiated:
I S� _Dept.ofSafety8lnspections ! p6FE62010 i Green Sheet NO: 3100436
r Contad Person 8 Phone: F ' Department Sent To Person IniYiallDate '
i Virqinia D. Palmer '� o DepL of Safetv & Inspecdons i'� � ,
I, 2F)6-$710 I � �. 1 �epk of Safetv & InsDeclions Deoartment Direc[or '
� � Assign ; y (,}ryAriornev �; CitvAttoruev ,i
, Must Be on Council enda by (D te): Number ' ��
�� 10-MAR-10 (� � � � f For , 3 �Mavor's Office i� MavodAssistant
l � ��� , Routing i 4 CouncO �� GStVCouncfl �
' Doc. Type: RESOLUTION � Order � 5 City Clerk ' I CStv Clerk i �,,
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E-Document Required: Y
Document Contact: 3ulie Kraus
GonWct Phone: 2668776
ToWI # of Signature Pages _(Clip AII Locations for Signature)
Approval of the attached resolution to take adverse action against the Cigatette/Tobacco license held by Axmed S. Cali d/b/a Lounge
280 (License ID#20090003176) for the premises located at 2418 University Avenue West in Saint Paul.
RecommendaGons. Approve (A) or Reject (R):
Planning Commission
qB Committee
Civil Service Commission
Personal Service CoMracts Must Answer the Following Questions:
t. Has this personffirm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Oces this person�rm possess a skill not �ormally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why):
On December 18, 2009, licensee sold tobacco products to a minor in violation of Minn. SYat. Section 609.685 and SPLC Section
324.07. After notification licensee did not respond to the Norice of Violation.
AdvanWges IfApproved:
Imposition of $200.00 matrix penalty.
DisadvanWges If Approved:
DisadvanYages If Not Approved:
Total Amount of
Transaction:
Fundirtg Source:
Financial Information:
(Explainl
Cost/Revenue Budgeted:
Activity Number:
February 26, 201� 10:41 AM Page 1
10-248
SAiNT
PAUL
�
AiIAA
CITY OF SAINT PAUL
ChnstopherB. Calemnn, Mayor
OFFICE OF THE C1TY ATTORNEY
John J. Chat, CiryAnomey
Tefephone: 651 266-8710
F¢csimile 65! 298-5619
February 4, 2010
NOTICE OF VIOLATION
Axmed S. Cali
Lounge 280
2418 University Avenue
St. Paul, MN 55114
CivilDimsion
aC0 Ciry Ha[l
I S West Kellogg Blvd.
Saint Pau(, Minnesota 55102
RE: Cigarette/Tobacco license held by Axmed S. Cali d/b/a Lounge 280 For the premises located at 2418
Universiry Avenue West in Saint Paul
LicenseID #20090003176
Dear fixmed S. Cali:
The Department of Safety and Inspections (DSn has recommended adverse action against the
Cigarette/Tobacco license held by Axmed S. Cali d/b/a Lounge 280 for the premises located at 2418 University
Avenue in Saint Paul. The basis for the recommendation is as follows:
On December 18, 2009, a tobacco compliance check was conducted by Saint Paul Police
at Lounge 280 located at 2418 University Avenue (CN#09-266-791). A seventeen year
old male entered your establishment and purchased a container of "A1 Fakher Orange
Flavour" tobacco. He was not asked to show his identification which would have
correctly stated his date of birth, indicafing he was underage. When the officers entered
the establishment and identified themselves, the cashier told them "I made a mistake I
should have checked his ID."
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.
At this time you have three options on how to proceed:
You can pay the recommended $20Q.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, February 15, 2010. 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.
10-248
Lounge 280
February 4, 2010
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 requesting a
public hearing. We will need to receive your letter by Monday, February 15, 2010. The matter will then
be scheduled before the City Council for a public hearing to determine whether to impose the $200.00
mauix penalty. You wil] have an opportuniry 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 AdministraUVe Law Judge. At that
hearing both you and the City will be able to appeaz and present wimesses, 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, February 15, 2010, 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 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. §46112, subd. 3. This is a separate action from
this license matter.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
e�� � r " ` �
1
Virgini . Palmer
Assistant City Attorney
1 �.
cc: Christine Rozek, Deputy Director of DSI
Axmed S. Cali, c/o P.O. Box 8222, Minneapolis, MN 55407
Renee Lepreau, Community Organizer, St. Anthony Park Community Council, 890 Cromwell Avenue,
St. Paul, MN 55114-1599
AffirmativP Artinn Fm�a) C)nn�rtnnitv F.mnlnver
STATE OF MINNESOT
/ S5.
COUNTY OF RAMSEY )
10-248
AFFIDAVIT OF S�__ JICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the — I r'� day of
February, she served the attached NOTICE OF VIOLATION by placing a true and conect
copy thereof in an envelope addressed as follows:
Axmed S. Cali
Lounge 280
2418 University Avenue
St. Paul, MN 55114
Axmed S. Cali
c/o P.O. Box 8222
Minneapolis, MN 55407
Renee L,epreau, Community Organizer
St. Anthony Park Community Council
890 Cromwell Avenue
St. Paul, MN 55 1 1 4-1 599
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�
Juli aus
Subscribed and sworn to before me
this �ay of February, 2010
� � � ����
No ary Public
RITA M. 60SSARD
NOTAR7PU�IC•MdNNESORA
MY COMMISSION
DfPIRES JAN. 31, 2015
10-248
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 ciaarettes; ci�ars; cheroots; sto�ies; perique; granulated, plug cut,
crimp cut. ready rubbed, and other smoking tobacco; snuff; snuffflour; 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. ] a. Penalty to se1L (a) Whoever sells Yobacco 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 ifthe 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
auy type of false identification 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 u�der the age of ] 8 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 any 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 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.
Copynght � 2009 by the Revisor of Slatutes_ State of Mionesota. All Rights Reserved.
10-248
2 MINNESOTA STATUTES 2009 609.685
(b) The penalties in this section do not apply to a person under the age of 18 years ���ho
purchases or attempts to purchase tobacco or tobacco-related devices while under the direct
supervision of a responsible adult for training, education, research, or enforcement purposes.
Subd. 6. Seizure of false identification. A retailer may seize a form of identification ]isted
in section 340A.503, subdivision 6, if the retailer has reasonable grounds to be]ieve that the
form 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 7.i3 m�t 1 s 609.685; 7981 c 218 s 1,2; 1986 c 352 s 4; 1989 c 290 art 3
s 33.34; 1992 e 588 s I; 1993 e 224 art 9 s 44,45; 1994 c 636 art 2 s 44; 1999 c 139 art 4 s
2; 2000 c 472 .r 5-9
Copyright U�' 2009 by the Revisor of Statutes. State of Minnesota Ali Righis Reserved.
10-248
Chapter 324. Tobacco Page 1 of 1
Sec. 324.07. Sales prohibited.
(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 tegislative 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)
10-248
Chapter 324. Tobacco Page 1 of 2
Sec. 324.11. Presumptive penafties.
{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
substaniial and compeliing 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 pena�ties for violations. Adverse penalties for viofations 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 trme.
(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 Iicensee again appears before the council for a
violation of this chapter, and if the current violation occurs within eighteen (18) caiendar
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 councii 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 shafl be treated as
a first appearance. In case of multiple violations in any appearance, the date to be used
to measure whether twefve (12), eighteen (18), or twenty-four (24) months have elapsed
shall be the date of the violation Iast in time at the first appearance, and the date of the
violation first in time at any subsequent appearance.
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10-248
Chapter 324. Tobacco 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.
�2-898, § 1, 11-6-�2; C.F. No. 07-149, § 82, 3-28-07)
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