The URL can be used to link to this page

10-706Council File #-� Green Sheet # CITY OF Presented by L, MINNESOTA � t5 � 1 WHEREAS, adverse action was taken against all licenses held by Speedway SuperAmerica, LLC 2 d/b/a SuperAmerica Store (License ID#19980001974) for the premises located at 1734 — 7` Street West in 3 Saint Paul by Notice of Violation dated May 27, 2010, alleging licensee failed a liguor compliance check 4 by selling alcohol to an underage person in violation of Minn. Stat. § 340A.503 Subd. 2(1) and Saint Paul 5 L,egislative Code § 410.04 (a) (1); and 6 7 WHEREAS, per Saint Paul L,egislative Code § 409.26 (b) (3), the licensing office recommended a 8 $500.00 matrix penalty; and 9 10 WHEREAS, the licensee did respond to the Notice of Violation to request a public bearing which 11 was held on 7uly 7, 2010; and now, therefore, be it 12 13 14 15 16 17 18 RESOLVED, that Speedway SuperAmerica, LLC d/b/a Speedway SuperAmerica Store is hereby ordered to pay a matrix penalty of $500.00 for the sale of alcohol to an underage person on May 19, 2010, in violation of Minn. Stat. § 340A.503 Subd. 2(1) and Saint Paul L,egislative Code § 410.04 (a) (1). This resolution, and action taken above, is based upon facts contained in the May 27, 2010, Notice of Violation sent to the licensee and the arguments made at the public hearing on July 7, 2010. Yeas Nays Absent sostrom Cazter Harns Helgen Lan[ry Stark � Thune f Adopted by CounciL Date ��%��jfj� Adop[ion Certified b Counci Secretary By: ' Appro e y ay r Da �/�� 7 By: Requested by Depaztment of: �r�L,�. a.V,.�1,�,�,�.��,,,r �—� BY � r�-►�.1 Form d by City Attorney BY� �Gl.'��_ � �,� Form rov d b Mayor r Subm sion to Council By: �" � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Gr� n Sheet � SI - Dept. of Safety & Inspections � 10 JUN 2010 i Contact Person & Phone: ' Rachei Tiemev I 266-8710 Must Be on Cou 07-JUL-10 Doc. Type: RESOLUTION �� Assign (Date): , Number `' � For Routing Order E-Document Required: Y Document Contact: �ulie Kraus Contact Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3115125 0�ept, of Safety & Inspecfions � --- ' i e t. of Safe & Ius ections De artmeut Director 2 Attorne Ci Attame 3 a or's Office Mayor/Assistant 4 ouncil Ciry Council I 5 Clerk CiN Clerk Approval of the attached resolution to take adverse action against all licenses held by Speedway SuperAmerica, LLC d/b/a Speedway SuperAmerica Store (License ID#19980001974) for the premises located at 1734-7th Street West in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/frm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any currenf city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , On May 19, 201Q the licensee's establishment failed a liquor compliance check and sold alcohol to an underage person in violation of Minn. Stat. Section 340A.503, Subd. 2(1) and Saint Paul Legislative Code Seclion 410.04 (a) (1). After notification, the licensee i cequested a public heaiing. � AdvantageslfApproved: Imposition of the $500.00 matrix penalty. � Disadvantages If Approved: �I Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financial Infortnati on: (6cplain) Cost/Revenue Budgeted: Activity Number: .� .�. Of c� �.'^'`" �.�� .sJ � June 10, 2010 '1:38 PM Page 1 19-706 OFFICE OF THE CITY ATTORNEY Ge(a/d Hentlnckson, CrlyAttomey SAINT PAUL � AAAA June 11, 2010 CITY OF SAINT PAUL CrvilDivision Chiistophei 8. Coleman, Mayor 400 City Hall 75 West Kellogg Blvd. Saint Paul, Minnesota 55102 NOTICE OF COUNCIL HEARING Matt Skobrak, District Manager Speedway SuperAmerica Store #4032 1734 — 7` Sueet West St. Paul, MN 55116 Telephone: 657 266-87f0 Facsimile: 651 298-5619 RE: All licenses held by Speedway SuperAmerica, LLC d/b/a Speedway SuperAmerica Store for the premises located at 1734 — 7`" Street VJest in Saint Paul LicenseID #19980001974 Dear Mr. Skobrak: Please take norice that this matter has been set on the Public Hearing Agenda for the City Council meeting has been scheduled for Wednesday, July 7, 2010, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Pau] City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which wil3 be presented to the City Counci] for their consideration. This is an uncontested matter concerning the fact that on May 19, 2010, St. Paul Police conducted a liquor compliance check at your store and cited an employee for selling alcohol to an underage person in violation of Minn. Stat. § 340A.503, Subd. 2(1) and Saint Paul Legislative Code § 470.04 (a) (1). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The licensing office will recommend a$500.00 matrix penalty. If there is anv information vou would like Citv Council to review urior to the nublic hearin¢ I will need to receive it no later than Mondav, June 28, 2010. Sincerely � � �C�,�.� Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Mary Enckson, Council Secretary Jennifer A. Blessing, Pazalegal, Speedway SuperAmerlca LLC, 500 Speedway Drive, Enon, OH 45323 Betty Moran, Community Organi2er, West Seventh/Fort Road Federation, 974 West Seventh Sheet St. Paul, MN 55102-3520 Affirmatrve Action Equal Opponunity Employer 10-706 Licensee Name: Address: Council Date: LJNCONTESTED LICENSE MATTER Speedway SuperAmerica Store 1734 — 7`� Street West St. Paul, MN 55116 Wednesday, July 7, 2010 at 5:30 p.m. Violation: St. Paul Police conducted a liquor compliance check of the licensed establishment and an employee was cited for the sale of alcohoi to an underage person in violation of Minn. Stat. § 340A.503, Subd. 2(1) and Saint Paul Legislative Code § 410.04 (a) (1). Date of Violation: May 19, 2010 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: $500.00 matrix penalty Attachments: Proposed resolution 2. License Group Comments Text from ECLIPS system dated 5/21/2010 3. Liquor Compliance Check Sheet dated 5/19/2010 4. Original Offense/Incident Report CN #10-103-787 dated 5/19/2010 5. Notice of Violation with Affidavit of Service dated 5/27/2010 6. Fased letter from Corporate Of�ce requesting a public hearing dated 6/8/2010 7. Minn. Stat. § 340A.503 Subd. 2(1) 8. Saint Paul Legislative Code § 410.04 (a) (1) 9. Saint Paul Legislative Code § 409.26 (b) (3) 10-706 �iceryse Group Comments Text Licensee: SPEEDWAY SUPERAMERICA LLC DBA: SPEEDWAY SUPERAMERICA STORE License #: 19980001974 OS/2'I/2010 05/2 V2070 To CAO for adverse action CAR O5/19/2010 Failed alcohol compliance check conducted by SPPD and documented on CN10103787 (dated 05/20/2010). First failure after wamm9 5500 matnx penalry. CAR 08/25/20D9 Sent letter passed liquor comphance check done by SPPD on 8712Y2009. ml 12/16/08 Passed Cig.Comp.Ck.KS 08/27/2007 Passed tobacco compliance check. RJ 08/21/2007 Sent congratulations letter for passing liquor compliance check SlH 08/13/2007 Passed liquor compliance check conducted by the SPPD SLH 07/17/2006 Compliance checkers determined that there was no beer for sale in this establishment. CAR 05J26/2006 Passed tobacco compliance check RS 12/79/2005 Passed tobacco compliance check MED 02/26/2005 Passed alcohol compliance check RDH 03(12I2004 Passed tobacco complmnce check CMK 06/� 1/2003 Passed tobacco compliance check. CMK 04/15/2003 Sent congratulations letter for passing alcohol compliance check CMK. 04/03/2003 Passed DPS alCOhol compliance check conducted by SPPD. CMK 03/20/2001 Passed tobacco compliance check. SS 03/20/2002 Sent congratulations letter tor passing alcohoi compliance check. SS 03/O6/2002 Passed alcohol compliance check conducted by SPPD. SS 07/27l2007 Passed tobacco compliance check. SS 03/10/2001 Passed tobacco compliance check. SS 02l14/2001 Send congratulations letter for passing a(cohol compliance check. SCS 01/30/2001 Passed DPS alcohol compliance check conducted by SPPD. SS OS/07/2000 Passed tobacco compliance check. SS OS/31/2000 Sent congretulations letter for passing alwhol compliance check. SS OS/13/2000 Passed U of M alcohol compliance check conducted by Vice/Ramstad SS 04/78I2D00 Congragulations fetter seM for passing alcohol compl�ance check. SS 04/01/2000 Passed DPS alcohoi compiiance check by Wachal/Polyak SS 72/18/1999 passed DPS aicohol compliance check-DL 11/20/99 passed second alcohol compliance check-DL 05/25/1999 Passed tobacco compliance check - letter sent 06/03/1999 SS 09/11/98 Congratulations letter sent. PJW 08/18/98 Passed agarette compliance check. PJW On 3/9/99 Completed reqwred alcohol awareness training-DL On 2/23/99 Failed check, "unofficial" warning-training due 3/28/99-DL 6/25/98 - Approved per Gerry Strathman7no wmplaiMs have been received by notification response date of 6l19(98(JL OS/22/98 - Notification date O6/19/98, notices mailed OS/22/98, 40M, 110 & 46EM/JL 7/1/98 SuperAmerica transferred to Speedway SuperAmerica LLC 10-706 Address Licensee � Cor�tact � License � Cardholder � Licensee Name: PEEDWRY SUPERAMEftICA LLC DBA: SPEEDWAY SUPERAhAEftICA STORE Sales T�x Id: �— Fint! tdaW C3}{ �naef New �earch � He}p r� ` �' _ ?„-� Nzrr Gruup...� PJevv Temp Grp_ . �Copy �roup... ,4�d Licei�se... Prape�ties... Gas SYation Restaurard (1) - No Seffis _ . . ,. , _- MaR Off Sale Cigaretteliobacco Grocery (C) Restaurard (A) - 0-12 seats RestauraM (L) - Limited Active Lic Active Lic Acti�e Lic Actiue Lic Canceled 04i Canceled 1O1 Canceled Q2� 10-706 CS ov:' License � Licensee � Lic. Types � Insurance � �"+' Property '�` Licensee �` Unofficial Street #: 734 Street Name: TH Street Type: �� Direction: � Unit lnd: �— Unit #: �� cay: T P.�.u� State: N Zip: 55116, aNard � Browse Dist CounciC �a Licensee: DBA: Sales Tax Id: Y SUPEftAMERICA LLC Y SUPERAMERICA STO t67680 Bus Phone: 937) 863-7191 Station aurarrt (L) - Limited Off Sale Lice�see PEEDWAY SUPEftAMERICA LLC DBA PEEDWAY SUPERAMERICA STORE � Bond � Requirements � Project Facilitator: ASUNCION, CORINNE � Adverse Action Commer�s �`� 1 J16l2009 Reinstate 2C29t2008 Cancel cigarettE license per renewal nvoice. LF.B n»� nnnr+ nr yn� nr� ni"'_ "_ " i'_ _ y.... _<.._,_ License Group Commerrts: 5l21 C2010 To CAO for adverse action. CAR 5119t2010 Failed alcohol compliance check conducted y SPPD and documerRed on CN101 D3787 (dated Sf20r2010). First failure after warning. $5�0 matrix _enaltv. CAR _ _- _ ticensee ON5t20�5 ItEEP STORE # OFF OF THE DBA. �ommerrts HIS PATRON HOLDS ALL SUPERAMERICA ' TORES IN THE CITY OF ST PAUL. ,'IRICQY,1Ril'7 41erm mnr.i}nvinn.rerhov nh Class Eff�ective Expiration N 01N1M998 . 01N1l2011 R 01 N1 11998 01 N1 t2002 N 01/01M998 01N1f2011 Lic�nse ii �35 0 001 974 sa�e Gnanges ta tilstory dit�ons License Fe� N $72.OD N $164.00 N $191.00 e� � �.�i v� C�nc�ei � H�lp 10-706 t.,'�m License Licensee Licensee Name: DBA: Sales Tax Id: AA Cornract Rec'd: r",A Fee Collected: � � Licensee PEEDWAY SUPERAtv1ERICA LLC �`=3 _. DBA PEEDWAY SUPERAMERICA STORE � Lia Types � Insurance � Bond � Requiremerrts � Y SUPERAMEFtICA LLC 8r*�,�vnc . � Y SUPERAMERICA STORE � Nnn-Prafit: {` d�forker's Cnmp: 1 N1 C2a1 � P_roAerties... � D AA Training Rec'd: O/OON000 ] DiscouM Rec'd: r �g �,gency Name J License Type Licen� # Expirati iis Licensee Active Inactive Last Name First t�ame Other 01 A71 M 98'a'OOrL�ON00i8AUER Othar D11171M99800NONOOrPE�CRIGO Other 01 N1/19980DNONOOrBLESf4E i� �i �I�� __) Hackground Chech Required �` Financiai Hold Reaso Reason Active Date Mail License To: -- �� ' p �� `' � �` Mail To Cor�act u� �� , �— � License Address dt+ILLIAM STORE MANA�(651) 698-9384ii — TODD STORE MANA�(651) 646-4689;i Mail Invoice 70: — CLAYTON ; STt7RE MANAq651) 222 ?216ai#�v, � Mail To Co�ta�t (' License Addres: G�: � CorRact Prnpetties... � Lic�itise r� �F3U001974 Save Changes to History (� I 0!t � Canc�� Heip 10-706 , LIQ UO�Z COIvIPLIANCE CHECK SHEET n�� s � I°ti I� � 1�� i� -�03 -�� ESTABLISHII�NT v f7 TYPE (ON-SALE) OFF-SALE; Is : p n { 6T1�'RFC.0 ��U 7 � , /, � �� 1 1 �f\ �� C�CF�R � � DOB -� I �� WHAT DID THEY TRY TO PIIRCHASE?. � 3'� nos 1 I� I � 5 , � '' • il � SERVER LAST NAME �-t DATE dF BIRT� ennRFC.0 �h ��d4 �� WEIGHT RACE �'�� havlCTdTG',�"'��TP �� PHOh'E: WOREC ( ) HOME (( j� I�'�' 3C ` I OTHEIt ( ) PICTI'RE TAI�+ --%�4�Si O TDE2�TTIFTCATION TYPE —� �� 1l7AI�'AGER LAST NAME �� FIRST � r MIDDL,E DATE OF BIRTH J ADDRESS � CITY STATE�� Pgon�: waxx c�' jC ��-� 3� xon� c) o� () �1 li Saint Paul Police Departmer Page 1 of3 ORIGINAL OFFENSE / INCIDENT REPORT Complaint Number Reference CN Date and Time of Report 10103787 05/20/2010 13:43:00 Pnmary oflense LIQUOR LAW-FURNISHING LIQUOR TO A MINOR P�imary Reporting O�cer SChOBft David A Name of location/business: Pnmary squad� 792 Location of incident � 734 7 ST W Secondaryreportingo�cer. ST PAUL, MN 55116 approver Schoen, David Disfrict: Central Date 8 t�me ofoccurrence: OS/19/2010 17:10:00 �o Site: OS/19/2010 17:10:00 Arrest made. Secondary offense� Police OfficerAssaulted oi Injured Police O�cer Assisted Suicide. Cnme Scene Processed OFFENSE DETAILS L4QUOR LAW-FURtJISHING LIQUOR TO A MINOR Attempt Only Appears to be Gang Related: NAMES Suspect Celski, Melissa Ann 334 7 ST W Apt 3 KNOWN ST PAUL, MN 55102 Nicknam orAliases NiCk Name A6as AKA First Name. D sex. Female Phones Home: Work Emp i o ymeni Occupafion: AKA Last Name: Race: White DOB: 07/22l1981 Hispanic: Age: Z$ from Ceu: 651-815-8367 Contact Fax Pager. Employer. to Resident Status: SP954DESC260D3D 10-706 Saint'Paui Policv De�artmen Pa9 2 of3 ORIGINAL OFFENSE / INCIDEIVT REPORT Complamt Number Reference CN Date and Time of Report 10103787 05/20/2010 13:43:00 Primary offense LIQUOR LAW-FURNISHING LIQUOR TO A MINOR Identification SSN: Physical Description US' He�ght: to We�ght to Teeth Offender In formafion Anested' DUI. Condition: License or ID#: MeMc: Build.' Skin: Eye Coloc Pursuit engaged Res�stance encountered. Taken to healfh care facility. License SYate� Hair Length. Facial Hair. Hav Cobr. HairType: Blood Type: Violated Restraining Order. Medical release obtained. SOLVABILITY FACTORS Suspect can be Idenfified� Photos Taken: Evidence Turned In� Related lncident: La6 Biological Analysis Narcotic Anafysis: Lab Comments: By. Stolen Property Traceable� Property Tumed In: Fingerprints Taken Items Finge/pnnted. Participants: Person Type: Name Address: Phone Suspect Celski, Melissa Ann 334 7 ST W Apt 3 ST PAUL, MN 55102 NARRATIVE i, Sgt. Dave Schoen, am assigned to the Vice unit. On this date, Sgt. Sandell and I conducted a series of alcohoi compliance checks. We used Checkers # 9, and # 37 with date of births of 05/28/91 & 11/11l91 respectively. Both Checkers had valid pictured drivers licenses, with bold red highiighted printing indicating they were 'under 21' next to their picture. We have used both Checkers in the past and ihey were trained to be honest, courteous, and to never be deceptive about their age. On 5-19-10, at approx. 1710 hrs., we went to the Super America, 1734 W. 7th St. Checker # 9 entered the store and purchased a six pack of Bud Light beer. The Checker brought the beer to me, stated it was the W1F cashier that made the sale. Sgt. Sandeli and I entered the store. I identified myself as a police officer and SP954DE5C260D3D 10-706 Saint Paul Police Departmen' Complaint Number 10103787 Pnmary offense: LIQUOR LAW-FURNISHING LIQUOR TO A MINOR 05/20/2010 13:43:00 informed the cashier that she had sold alcohol to a� under aged customer. I showed her the Checker's ID, she again looked at it and said "I scanned iY', referring to a scanner that the store uses to check ID's. The cashier was now visibly upset with her mistake, the manager came over and told her she needed to manuafly enter the ID, if it was an out of state ID. The Checker is from and used a Wisconsin DL. The cashier said 'it was her second day on the job and did not know any better'. She was verbally identified and later confirmed via the DVS web site as: Melissa Ann Celski, 07/22/81. I returned the beer and change, from our previously recorded $210.00 bili. The manager, Renea Jones us a different $20.00 bill than the Checker had used to pay for the beer, because Melissa put the $20.00 bill into their drop safe. Jones also gave us a receipt for the transaction. We photographed Melissa and the beer, I provided my business card and told them city licensing would be sending the store a letter about the incident. PUBLIC NARRATIVE Aicohol Compliance Check. Page 3 of 3 ORIGlN�4L OFFENSE / INCIDENT REPORT Reference CN Date and Time of Report SP954DESC260D3D 10-706 SAfNi PAUL � R�A11 CITY OF SAINT PAUL Chnstopher B. Coleman, Mayor OFFICE OF THE CITY ATTORNEY Gerald L Hentlrickson, Crty Attomey Telephone: 651266-8710 Facsimile: 651298-5679 May 27, 2010 NOTYCE OF VIOLATION William Bauer, Store Manager Speedway Superamerica Store 1734 —7 Street West St. Paul, MN 55] 16 Civil Dro�sion 400 City Hall 75 West Kellogg Blvd. Saint Paul, Minnesota SSiQ2 RE: A]] licenses held by Speedway Superamerica LLC, d/b/a Speedway Superamerica Store for the premises located at 1734— 7`" S[reet West in Saint Pau] License ID #:19980001974 Dear Mr. Bauer: The Departmen[ of Safety and Inspections (DSI) will recommend adverse action against all ]icenses held by Speedway Superamerica LLC, d(b/a Speedway Superamerica Store for the premises located at 1734 — 7` Street West in Saint Paul, based on the following informahon: On May 19, 2010, at approximately 5:10 p.m., Saint Paul Police conducted a liquor compliance check at Speedway Superamerica Store located at 1734 — 7` Street West (CN #10-103-787). The officers used under aged checkers who had valid picture identification with bold red highlighted print indicating they were "under 21" next to their picture. One of the under aged checkers entered your establishment and purchased a six (6) pack of Bud Light Beer. The checker returned to the vehicle and gave the of�cer the beer and the change From the purchase. The checker then described the cashier who sold him the beer to police. The officers entered your establishment and after identifying themselves as police ofFicers, informed the cashier that she had just sold beer to an under aged customer. The officer showed the cashier the identification the checker used to purchase the beer. The cashier looked at it again and said "I scanned it" referring to the scanner that the store uses to check TD's. The cashier was visibly upset with her mistake. The manager came over and told her she needed to manually enter the IB because it was from out of state (Wisconsin). The cashier said `5t was her second day on the job and did not know any better." Sale of alcohol to an underage person is a violation of Minn. Stat. §340A.503, Subd. 2(1) and Saint Pau] Legislative Code §4I6.04 (a) (1). This is your first v�olation after a waming, so per Sain[ Paul I,egislative Code §409.26(b) (3) the licensing office will recommend a 5500.00 matrix penalty. 10-706 Speedway Superamerica Store May 27, 20] 0 Page 2 At this time, you have three options on how to proceed: You can pay the recommended $500.00 matrix penalty. If this is your choice, you should make payment directly to the Department of Safety and Inspections, at 375 7ackson Street, Suite 22Q St. Paul, Minnesota 557 0]-7 806 no later than Monday, June 7, 2010. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penaliy wil] be considered to be a wa�ver of the hearing to which you are entided. 2. If you wish to have a public heanng before the Saint Paul City Council, you will need to send me a]etter with a statement admitting the facts requesting a public hearing. We will need to receive your letter by Monday, June 7, 2010. 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 wi11 have an opportunity to appear before the Counci] and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrative I,aw Judge. At that hearing both you and the City wil] be able to appear and present wimesses, evidence and cross-examine the othei s wimesses. The St. Paul City Counci] wi11 ultimately decide the case. If this is your choice, please advise me no later than Monday, June 7, 2010, 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 $500.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have questions about these opt�ons, please fee] free to contact me at 266-8710. Sincere]y, `��c�� ,v�.,� C �L'' Rachel Tierney � Assistant City Attomey cc: Christine Rozek, Deputy D�rector of DSI Sharon Stevens, License Contact, Speedway Superamerica, LLC, P.O. Box 1580, Springfield, OH 45501-1580 Betty Moran, Community Organizer, West Seventh/Fort Road Federation, 974 West Seventh Street St. Pau1, MN 55102-3520 10-706 STATE QF MINNESOT " ` � SS. AFF�DAVIT OF SE,. JICE BY U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the �� day of May, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: William Bauer, Store Manager Speedwav Superamerica Store 1734 — 7�' Street West St. Paul, MN 55116 Sharon Stevens, License Contact Speedway Superamerica, LLC P.O. Box 1580 Springfield, OH 45501-1580 Betty Moran, Community Organizer West Seventh/Fort Road Federation 974 West Seventh Street St. Paul, MN 55102-3520 (which is the ]ast known address of said person) depositing the same, with postage prepaid, in the United States mai] at St. Paul, Minnesota. 4 � Julie aus Subscribed and sworn to before me thisa�`�day of May, 2010 /i� �_i�� /.[i.�/� Not r b ic RRA kS. BOSSARD Nor�rsr weuc • �anuaESOra MY COMMISSION EXPIRES JAN. 31, 2075 �un-ue-io os:a5am From-SSA LLC LAW ORGANIZATION �peeu/iway �'- SUPERAMERICA June 8, 2oio Via Facsimile City of Saint Paul — Civil Division Attn: Rachel 'Ilerney, Assistant City Attorney 40o City Hall is West Kellogg Boulevard Saint Paul, MN �Sio2 RE: SuperAmerica #qo32 s734 7"' Street West, Sninr Paul, MN �$Yy6 Dear Ms. �erney: Jennifer A, Blessing Paralegal Law Organization Speedway SuperAmerica LLC Speedway O�ce P.O. 6ox �500 Springfeld, Ohio45501 Talepho�e 937-863- 64fi4 Far937-Bb3•6727 JABlessing@SSALLC wm Speedway SuperAmerica LLC ("SSA") received the Notice of Violation dated May 27, 2oio from your office on June 3, 2oio. After our review of the facts set forth in the I3otice of Violation, SSA respectfully requests a public hearing before the Saint Paul City Council. The District Manager, Nlatt Skobrak will appear on behalf of SSA at the hearing. Once a date has been set, please notify me. Please contact me at 937-863-6464 if you have any further questions or concerns. Sincerelq, SPEEDWAY SUPERAMERTCA LLC __ U�� a � 93786367Z7 T �d'f 7 ��2/02 f-543 JenniferA. Blessing Paralegal 10-706 MINNESOTA STATUTES 2009 340A.503 340A.503 PERSONS UNDER 21; ILLEGAL ACTS. Subdivision 1. Consumption. (a) It is unlawfiil for any: (1) retail intoxicating liquor or 32 percent malt liquor licensee, municipal liquor store, or bottle club permit holder under section 340A.414, to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises or within the mtmicipal liquor store; or (2) person under the age of 21 years to consume any alcoholic beverages. If proven by a preponderance of the evidence, it is an affirmative defense to a violahon of this clause that the defendant consumed the alcoholic beverage in tl�e household of the defendant's parent or guazdian and with tl�e consent of the parent or guardian. (b) An offense under pazagraph (a), clause (2), may be prosecuted either m the jurisdiction where consumption occurs or the jurisdiction where evidence of consumpt�on is observed. (c) As used in this subdivision, "consume" includes the ingestion of au alcoholic beverage and the physical condition of having ingested an alcoholic beverage. Subd. 2. Purchasing. It is unlawful for any person: (1) to sell, barter, furnish, or give alcoholic beverages to a person under 21 yeazs of age; (2) under the age of 21 years to purchase or attempt to purchase any alcoholic beverage unless under the supervision of a responsible person over the age of 21 for training, education, or research purposes. Prior notification of the licensing authority is required unless the supervised alcohol purchase attempt is for professional research conducted by postsecondary educational institutions or state, county, os local health departments; or (3) to induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Minnesota idenrification card, or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. Tf proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of clause (1) that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or fumished the alcoholic beverage to that person solely for consumption in the defendant's household. Subd. 3. Possession. It is unlawful for a person under the age of 21 years to possess any alcoholic beverage with the intent to consume it at a place other than the household of the person's parent or guardian. Possession at a place other than the household of the parent or wardian creates Copynght � 2009 by the Revisor of Statwes, State of Mmnesota. All Rights Reserved. 10-706 MINNESOTA STATUTES 2009 340A.503 a rebuttable presumption of intent to consume it at a place other than the household of the parent or guardian. This presumption may be rebutted by a preponderance of the evidence. Subd. 4. Entering licensed premises. (a) It is wilawful for a person under the age of 21 years to enter an establishment licensed for the sale of alcoholic beverages or any municipal liquor store for the purpose of purchasing or having served or delivered any alcoholic beverage. (b) Notwithstanding section 340A.509, no ordinance enacted by a statutory or home rule charter city may prohibit a person I 8, 19, or 20 years old from entering an establishment ticensed under this chapter to: (1) perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by section 340A.412, subdivision 10; (2) consume meals; and (3) attend sQCial functions that aze held in a portion of the establislunent where liquoT is not sold. Subd. 5. Misrepresentafion of age. It is unlawfiil for a person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages. Subd. Sa. Attainment of age. With respect to purchasing, possessing, consuming, selling, fumishing, and serving alcoholic beverages, a person is not 21 years of age until 8:00 a.m. on the day of that person's 21 st birthday. Subd. 6. Proof of age; defense; seizure of false identiScation. (a) Proof of age for purchasing or consuming alcoholic beverages may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. (b) In a prosecution under subdivision 2, clause (I), it is a defense for the defendant to prove by a greponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age authorized in pazagaph (a) in selling, baatering, fumishing, or giving the alcoholic beverage. (c) A licensed retailer or municipal liquor store may seize a form of identification listed under paragraph (a) if the retailer or municipal liquor store has reasonable grounds to believe Copynght O 2009 by the Revisor of Statutes, State of Minnesota All Rights Reserved. 10-706 3 MINNESOTA STATUTBS 2009 340A.503 that the form of identification has been altered or falsified or is being used to violate any law. A retailer or municipal liquor store that seizes a fomi of identification as autl�orized under this paragraph must deliver it to a law enforcement agency, within 24 hours of seSzing it. Subd. 7. [Repealed, 1989 c 351 s 19] History: 1985 c 305 art 7 s 3; 1986 c 330 s 6; 1986 c 444; 1987 c 152 art l s 1; 1989 c 301 s 13,14; 1990 c 602 art 5 s 2-4; 1991 c 68 s 1, 1991 c 249 s 20; 1993 c 347 s 21; 1993 c 350 s 13, 1994 c 615 s 21; 1995 c I85 s 7; 1995 c I86 s 67; 1996 c 323 s 4; 1996 c 442 s 24; 1 Sp1997 c 2 s 57; 1999 c 202 s 7; 2000 c 472 s 3; 2005 c 131 s 7 Copynght OO 2009 by Ihe Rev�sor of Sta�utes, Slate of Mmnesota. All Rights Reserved. 1 U-706 Page 1 of 3 Sec. 410.04. - Regulations. (a) Restrictions on nzinors. A minor, as used herein, is any person under the age of twenty-one (21) years. (1) No licensee, or agent or employee thereof, shall serve or dispense upon the licensed premises any intoxicating liquor or nonintoxicating malt liquors to any minor; nor shal] such licensee, agent or employee permit any minor to be fumished with or to consume any such liquors on the licensed premises; nor shall such licensee, agent or employee permit any minor to be delivered any such liquors. ��) No minor shall misrepresent his or her age for the purpose of obtaining intoxicating liquor or nonintoxicating malt liquor; nor shall he or she enter any premises ]icensed for the retail sale of intoxicating liquor or nonintoxicating malt liquor for the purpose of purchasing or having served or delivered to him or her for consumption of any such intoxicating liquor or beer; nor shall any such person purchase, attempt to purchase, consume or have another person purchase for him or her any intoxicating liquor or beer. (3) No minor shall induce any person to purchase, procure or obtain intoxicating liquor or nonintoxicating malt liquor for him or her. (4) Proof of age for purposes of consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated by age, may only be established by a valid driver's license or a Minnesota Identification Card issued pursuant to Minnesota Statutes, Section 171.07 or, in the case of a foreign national, by a valid passport. (b) Intoxicating liquor prohibited. It shall be unlawful for any person duly licensed to sel] nonintoxicating malt liquor, but not duly licensed to sell intoxicating liquor, or for any of his agents, servants or employees, to keep, store, possess, have under his control, sell or permit any person to keep, store or possess any intoxicating liquor upon said premises. It shall be unlawful for such licensee, his agents, servants or employees to permit the consumption of intoxicating liquor upon said premises. For the purposes of this chapter, "intoxicating ]iquor" is hereby defined to mean and include ethyl alcoho] and any distllled, fermented, spirituous, vinous or malt liquid of any kind potable as a beverage, which liquid contains an alcoholic content in excess of three and two-tenths (3.2) percent thereof by weight. (c) Sales prokibited; hours. No such nonintoxica[ing malt liquors shall be sold either on-sale or off-sale between the hours of l:00 a.m. and 8:00 a.m. on any weekday, Monday through Saturday inclusive, nor between the hours of 1:00 a.m. and 12:00 noon on Sundays. Notwithstanding the foregoing, an establishment which has received a permit from the state which authorizes sa]e of 3.2 percent ma3t liquor on-sale between the hours of 1:00 a.m. and Z:00 a.m. may make such sales if it has provided a copy of the permit to the director of the department of safety and inspections. No on-sale licensee shal] permit any such nonintoxicating malt liquors to be consumed on its premises during the hours when the sale thereof is by this chapter prohibited. Notwithstanding the foregoing, establishments holding on-sale licenses issued under this chapter may remain open for the sale of food after the hours of sale provided 10-706 Page 2 of 3 therein and until 3:00 a.m. if they have first obtained an extended service license. Such license shall be a class III license. Application shall be made on such forms as may be provided by the department of safety and inspections. The fee for such license shall be established by ordinance as provided in section 310.09(b) of the Legislative Code. The regulations in section 409.07.1(b), and notice and consent requirements in section 409.07.1(c) of the Legislative Code shall apply to extended service licenses under this chapter. (c-i ) Extended hours during 2008 Republican National Convention. Notwithstanding the above, between 12:00 pm. on August 31, 2008 through 4:00 a.m. on September 5, 2008, licensed establishments may obtain an RNC 4:00 a.m. permit. The RNC 4:00 a.m. permit shall allow service, consumption and display of 3.2 percent malt liquor in on sale establishments unti14:00 a.m. The RNC 4:00 a.m. permit shall not allow consumption, display or service of 3.2 percent malt liquor after 2:00 a.m. outdoars including on any patio or sidewalk cafe. Establishments may obtain the RNC 4:00 a.m. permit under the following conditions: (1) Applicant must ho]d a valid on-sale 3.2 percent malt liquor license and a license for Sunday sales. �2) Applicant must hold a valid permit for 2:00 a.m. closing permit issued by the state. (3) Applicant must complete an application provided by the department of safety and inspections and pay RNC 4:00 a.m. permit fee of two thousand five hundred dollars ($2,500.00). (4) In all areas except the downtown development district and commercial development districts, applicant establishment must have at least two hundred ninety-one (291) seats as determined by the department of safety and inspections. (�-2) Presumptive penalties during the 2008 Republican National Convention. For purposes of the penalty matrix at 3I0.05(m) of the Saint Pau] Legislative Code, the presumptive penalty for establishments found to serve, display, or allow consumption of 3.2 percent malt liquor after 2:00 a.m. between August 31, 2008 and September 5, 2008 when that establishment does not hold an RNC 4:00 a.m. permit is two thousand dollars ($2,000.00) per incident. (d) Dancing. Dancing wherein the public pazticipates and dancing, singing and other vaudeville exhibitions or entertainment are hereby at a]] times prohibited on [he premises of any off-sale licensee; provided, however, that if such premises are duly licensed for entertainment, such dancing, exhibitions or entertainment may be permitted. (e) Music. Al] music, by whatever means provided, is hereby prohibited upon the premises of any on-sale licensee between the hours of 9:00 p.m. of any one (1) day and 9:00 a.m. of the following day, except where such premises are duly licensed for entertainment; provided, that an on-sale licensee is hereby permitted to operate a zadio and obtain music therefrom between said hours of 9:00 p.m. and 9:00 a.m.; provided further, that the tone of such radio is modulated so as not to annoy the occupants of neazby premises. The failure of any on-sale licensee using a radio between said hours to keep the same from becoming a nuisance to occupants of neazby premises shall be deemed sufficient cause, in the discretion of the council, to revoke his license to sell such nonintoxicating ma]t ]iquor. �fl Sales on days of parades. When a licensee is notified by the police department that a parade will be held within one (1) block of the licensee's establishment, all nonintoxicating malt beverages and liquid of any type sold during the entire day of said pazade shal] be sold only in plastic or paper containers. In addition, upon receiving such notice, the licensee shall place a person at each entrance and each exit of the establishment at least one (1) hour prior to the time of parade, and the licensee shall require a person 10-706 Page 3 of 3 to remain at those locations until one (1) hour after the parade to ensure that patrons do not enter or exit with beer or intoxicating liquor. (g) Parking; visual screen. When an existing building is converted to on-sa]e nonintoxicating malt liquor purposes, existing off-street parking facilities which serve the building shall be provided with a visual screen where the parking facility adjoins or abuts across an alley any residential use or residential zoning district. The screen shall be between four and one-half (4'/z) and six and one-half (6'/z) feet in height and of sufflcient density to visually separate the parking facility from the adjacent residential use district. The screen may consist of vazious fence materials, earth berms, plant materials or a combination thereof. Access by patrons to the pazking facility from an adjacent alley should generally be prohibited. (h) Sale of nonintoxicating Ziquor regulated. No person shall give, sell, procure or purchase nonintoxicating liquor to or for any person to whom the sale of nonintoxicating liquor is forbidden by law. (i) Consumption in public place prohibited. No person shall mix or prepare nonintoxicating ]iquor for consumption, or consume it, in any public place not licensed in accordance with this Code and the State of Minnesota. �) Sale or consumption in automobiles or on public highways prohibited. No nonintoxicating liquor shall be sold or consumed on a public highway or in an automobile. (k) Leaving licensed premises with nonintoxicating liquor; responsibility of licensee. No licensee shall allow any person to leave a premises, for which an on-sale nonintoxicating license has been issued, with a bottle, can or g]ass containing any nonintoxicating liquor. Each licensee shall be responsible for taking reasonable and adequate steps to prevent persons from leaving the licensed premises with a bottle, can or glass containing any alcoholic beverage, and the failure to do so may subject each licensee to adverse action against his or her license. (I) No person, group or association applying for or holding a license under this chapter shall restrict membership in its club or organization, or restrict access to the licensed premises or any facilities of such person, group or association, on the basis of race, creed, religion, sex, national origin or ancestry, age, disability, marital status or status with iespect to public assistance. This provision shali not apply to any religious corporation, association or society with respect to membership or access based on religion, where religion is a bona fide qualification for membership or access. A violation of the foregoing shall constitute sufficient grounds for adverse action against the license or license application, including revocation or denial of the license. (Code 1956, §§ 310.07-310.10, 310.13, 310.14; Ord. No. 17014, 4-28-83; Ord. No. 17174, 10-23-84; Ord. No. 17437, § 1, 2-24-87; Ord. No. 17461, § 1, 5-28-87; Ord. No. 17474, § 1, 7-7-87; Ord. No. 17657, §§ l l, 13, 6-8-89; Ord. No. 17705, § 3, 1-16-90; C.F. No. 93-1324, § 1, 11-23-93; C.F. No. 94- 1659, § 1, 12-28-94; C.F. No. 03-687, § l, 8-13-03; C.F. No. 07-149, § 163, 3-28-07; C.F. No. 08-608, § 1, 6-25-08) 10-706 Page 1 of 4 Sec..40_9_.26. - Intoxicating liquor; nonintoxicating malt liquor; presumptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the length of ]icense suspensions and the propriety of revocations, and shall apply to all on-sale and off-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 410. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the counci] finds and determines that there exist substantia] and compelling reasons makang it more appropriate to do so. When deviating from these standazds, the council shall provide written reasons that specify why the penalty selected was more appropriate. (b) Presumptive penalties for violatio�as. Adverse penalties for convictions or violations shall be presumed as follows unless s ecified, numbers below indicate consecutive da s' sus ension : Appearance Type of Violation 1 st 2nd 3rd 4th (1) Commission of a felony related to Revocation NA NA NA the licensed activity. (2) Sale of alcohol beverages while Revocation NA NA NA license is under suspension. (3) Sale of alcoholic beverages to Fine Fine Up to 18 Revocarion underage person. (4) Sale of alcoholic beverage to Fine Fine Up to 18 Revocation intoxicated person. (5) Afrer hours sale of alcoholic Fine 6 18 Revocation beverages. (6) After hours display or Fine 4 12 Revocation consumption of alcoholic beverage. (7) Refusal to allow city inspectors or 5 15 Revocation NA police admission to inspect premises. (8) Illegal gambling on premises. Fine 6 18 Revocation (9) Failure to take reasonable steps to Fine 4 ] 2 Revocation stop person from leaving premises with alcoholic beverage. (10) Failure to make application for Fine 6 18 Revocation license renewa] prior to license expiration date. (l 1) Sale of intoxicating liquor where Fine 6 18 Revocation only license is for nonintoxicating liquor. 10-706 Page 2 of 4 (12) �Failure to comply with statutory, � 10 �Revocation �NA �NA and ordinance requirements for liability insurance. For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (] 0) and (I I), which would be a first appearance not involving multiple violations, a fine shall be imposed according to the following schedule. For those violations which occur in on-sale intoxicating liquor establishments listed above in numbers (3) and (4), whicb would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. Seating capacity 0-149 $ 500.00 Seating capacity 150 and over 1,000.00 For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3), (4), (5), (6), (8), (9), (10) and (11), which would be a first appeacance not involving multiple violations, a fine shall be imposed according to the following schedule, based on the square footage of the retail area of the establishment. For those violations which occur in off-sale intoxicating liquor establishments listed above in numbers (3) and (4), which would be a second appearance not involving multiple violations, the fine amounts set forth below shall be doubled. 5,000 square feet or ]ess $ 500.00 5,001 square feet or more 1,000.00 A licensee who would be making a first appearance before the councii may elect to pay the fine to the department of safety and inspections without an appearance before the council, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive penalty. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and shall be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. (c) Multiple violations. At a]icensee's first appearance before the city council, the counci] shal] consider and act upon al] 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 „ lst Appearance" column in paragraph (b) above. The occurrence of mu]tiple violations shail be grounds for departure from such penalties in the council's discretion. V iolations 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 counci] in an uncontested facts hearing) may be added to the notice(s) by stipulation ifthe licensee admits to the facts, and shall in that case be treated as though part of the "I St 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"2�' Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the council. 10-706 Page 3 of 4 (d) Subsequent appearmices. 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. (e) Computation of tirne: (1) If a licensee appears before the council for any violation in paragraph (b) where that violation has ocwrred withan twelve (12) calendar months after the first appearance of the same licensee for a violation listed in pazagraph (b) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. ��) If a]icensee has appeazed before the council on two (2) previous occasions, both for vio]ations listed in paragraph (b) above, and if said licensee again appears before the council for a violation listed in said paragraph (b), and if the cunent violation occurred within eighteen (18) calendar montl�s 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 violation listed in paragraph (b) above, and if said licensee again appears before the counci] for a violation listed in paragraph (b) above, and if the current violation occurred within thirty (30) calendar months of the violarion that gave rise to the first appeazance, 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 subsecrions (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 wbether twelve (12), eighteen (18), or thirty (30) 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. �fl Otlier penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, or impose a civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions or take any other adverse action in accordance with law, provided, that the ]icense holder has been afforded an opportunity for a hearing in the manner provided for in section 310.05 of this Code. �g) Effect of responsible business practices in deternaining penalty. In determining fhe appropriate penalty, the counci] may, in its discretion, consider evidence submitted to it in the case of uncontested adverse actions or submitted to a hearing examiner in a contested hearing upon which findings of fact have been made that a licensee has followed or is likely to follow in the future responsible business practices in regard to sales to intoxicated pers�ns and sales to minors. (1) For the purposes of service to intoxicated persons, evidence of responsible business practices may include, but is not limited to, those policies, procedures and acrions that are implemented at time of service and that: a. Encourage persons not to become intoxicated if they consume alcoholic beverages on the defendant's premises; b. Promote availability of nonalcoholic beverages and food; c. 10-706 Page 4 of4 Promote safe transportation altematives other than driving while intoxicated; d. Prohibit employees and agents of defendant from consuming alcoholic beverages while acting in their capacity as employees or agents; e. Establish promotions and marketing efforts that publicize responsible business practices to the defendant's customers and community; f. Implement comprehensive training procedures; g• Maintain an adequate, trained number of employees and agents for the type and size of defendant's business; h. Establish a standazdized method for hiring qualified employees; i. Reprimand employees who violate emp]oyer policies and procedures; and J� Show that the licensee has enrolled in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. �2) Far the purposes of service to minors, evidence of responsible business practices may include, but is not limited to, those listed in subsection (1) and the following: a. Management policies that are implemented at the time of service and that ensure the examination of proof of identification (as established by state law) for all persons seeking service of alcoholic beverages who may reasonably be suspected to be minors; b. Comprehensive training of employees who are responsible for such examination regarding the detection of false or altered identification; and c. Enrollment by the licensee in recognized courses providing training to self and one (1) or more employees of the licensed establishment in regard to standards for responsible liquor service. (Ord. No. 17556, § 1, 4-28-86; Ord. No. 17657, § 14, 6-8-89; Ord. No. ] 7675, § 1, 8-22-89; Ord. No. 17694, § 2, I 1-7-89; Ord. No. 17756, § 1, 8-7-90; Ord. No. ]7924, §§ 2, 3, 5-7-92; C.F. No. 92-1929, § 1, 2-9-93; C.F. No. 97-1445, � 1, 12-30-97; C.F. No. 98-866, § 1, 11-4-98; C.F. No. 07-149, § 161, 3- 28-07)